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HomeMy WebLinkAbout08/07/1995 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting --W_ _ DAYTON LEGAL BLANK CO., FORM NO. 10148 Held August 7, 1995 19 Mayor Campbell called the work session of Dublin Ciry Council to order at 7:00 p.m. on Monday, August 7, 1995. i Staff Comments Ms. Puskarcik gave a brief report on the Irish Festival, including weather conditions over the weekend which resulted in cancellation of the Irish Festival on Sunday, August 6. Staff is currently assessing the damage to Coffman Pazk caused by the weather conditions. Mayor Campbell congratulated Ms. Puskazcik and all of staff for the tremendous job performed in organizing the festival and for the commitment demonstrated by all in the face of the adverse weather conditions. Mr. Kindra reported on four items: 1. He proposes a weight limit of 8 tons for trucks on Summitview Road. He noted that many heavy trucks use Summitview in order to bypass Sawmill. The Ciry is constantly patching ~ the pavement due to this heavy truck traffic. Mr. Strip commented that staff should check on the enforcement capabilities for the Ciry for those who ex Geed the weight limit. Mr. Smith will check and advise. Mrs. King r uested that staff nori the ravel m ~1 fy g co antes who use this route of the ch P ane g to the weight limits. 2. A memo was forwazded in the packet from Mr. Bowman concerning the Hirth Road disconnection from Tuttle Crossing Boulevazd and the proposed connection of Hirth Road to Britton Pazkway. ~ Following discussion among Council members, it was determined that the Ciry Engineer should meet with the affected residents of Old Dublin Woods to receive their input. Following input from the residents, staff should bring the matter back to Council for final review. I! 3. Due to low pressure in a gas line located on the east side of Muirfield Drive between Dublinshire and Brand Road, Columbia Gas has requested permission to pump compressed I natural gas into the lines from a truck brought in on a temporary basis, possibly two to three yw ~ i i days a year when the weather is below zero. Staff is continuing to investigate this matter, i but wanted to make Council awaze of this request. Due to Council members' concerns about the safety issues involved, staff will ex lore alternatives P with Columbia Gas. 4. Staff is looking for direction from Council regazding two matters related to the 161 project: the decision on the proposed green bazrier median and maintaining access for David Road residents. A decision is needed prior to submission of plans to ODOT. Mayor Campbell noted that several residents of David Road aze present to speak under the "Comments from Visitors" portion of the agenda since the David Road issue is not a sepazate agenda item tonight. He suggested that Council deal with this matter following the residents' comments. Mr. Coleman noted that five ordinances will be brought to Council at the August 21 Council meeting ~ as emergency legislation. Three aze related to rollovers for notes and two relate to new issues. ij 'i ~ The formal session of the Dublin City Council meeting was called to order by Mayor Joel Campbell at 7:30 p.m. Mr. Zawaly led the Pledge of Allegiance. Roll all Council members present were: Mayor Campbell, Mrs. Boring, Mrs. King, Mr. Kranstuber, Mrs. Stillwell, Mr. Strip, and Mr. Zawaly. ,M Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Mr. Coleman, Ms. Clazke, Mr. Kindra, Chief Ferrell, Ms. Jordan, Ms. Puskazcik, Mr. Lenz, Mr. McDaniel, and Ms. ~ ~ Crandall. Auuroval of Minutes of the Tuly 17, 1995 Meeting I Mr. Strip moved to approve the minutes of the July 17, 1995 meeting. Mr. Kranstuber seconded the motion. II Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; j Mrs. Boring, yes; Mrs. King, abstain; Mr. Kranstuber, yes. I,' l Proclamations Mayor Campbell announced that Clerk of Council Anne Clarke has attained the status of Certified j Municipal Clerk from the International Institute of Municipal Clerks. On behalf of City Council, he congratulated the Clerk on this achievement and thanked her for the professionalism she has I'~, brought to the job. I I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meetin LE AL B NK CO. RM 1 Held. August 7, 1995 19 Mayor Campbell presented a proclamation to Mazian Vordermark regazding American Heart Rock and Roll Day on Saturday, August 19, 1995. He encouraged all residents to participate in this fund raising effort which benefits the American Heart Association. Mayor Campbell, assisted by Mrs. Stillwell, presented a proclamation to representatives of United HealthCaze of Ohio and Project L.O.V.E. who are sponsoring SK and lOK runs to support eazly immunization programs in Columbus and throughout Central Ohio. He encouraged residents to participate in this event which takes place on Sunday, August 20, 1995. Mayor Campbell noted that free immunizations will be offered at the sites. Brochures and t-shirts for the event were presented to Council members by the race sponsors. Correspondence The clerk reported that there was no correspondence requiring Council action. Comments from Visitors Jody Reinbolt. 3571 Jenmaz Court stated that .the Jenmaz residents were promised in May that information about the Dublin-Sawmill connector road alignment would be provided to them within three months. They have heazd nothing from staff to date. Mr. Foegler responded that a meeting will be held before the end of August with the residents. The final draft report from the consulting engineers is currently under review by staff. He offered to provide copies of the report to the residents for their review. Mrs. Boring asked that 6 copies be provided for the residents. Sam Pierce. 7356 MacBeth Drive stated that he owns property at the comer of 161 and David Road and has frontage on 161. He has concerns about lack of notification of the property owners regazding matters impacting the residents, i.e., road design for the 161 project. The preferred design option by staff will result in a taking of 30 feet from the frontage of the property, leaving a strip of 170 feet. Property owners need more information and notification prior to any decisions being made on the road design. Mr. Foegler responded that this matter is not a formal agenda item at this time. Staff has held meetings with the residents to explain the various options for maintaining David Road access to 161. There is no consensus among the property owners, as shown in the survey results. Staff now needs an appropriate method to resolve this matter so that the environmental documents can be submitted to ODOT. The preferred design options must be identified in order to determine the environmental impact. Discussion followed among Council members about how to proceed with the decision-making process. i Mr. Kranstuber suggested that the Public Services Committee schedule a meeting on this matter between now and the next Council meeting. It was the consensus of Council that the green bazrier median option is the preferred option. The ~ issue which requires further discussion is the David Road access matter. I Mrs. King moved to refer the issue of making a recommendation for additional ingress and egress from David Road onto 161 to the Public Services Committee of Council who will make a reasonable effort to report back to Council at the August 21 meeting. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Zawaly, yes. Mr. Kranstuber confirmed that the Public Services Committee will meet on Wednesday, August 16 at 6:30 p.m. at City Hall, and staff agreed to send notification to the property owners. Mel Shaver. 6673 David Road stated that there is another option which was not considered. When Frantz Road was widened to four lanes, the property owners were to pay for their portion of the construction. He suggested that the Service Committee explore the option of Dublin paying for the extension of Shamrock Boulevazd, bringing the north end of David Road over to meet it, and when the Shamrock azea is built, the owners could then pay for their portion of the road construction. He also noted that the dry retention basin on the north end of the shopping center is a mosquito breeding azea. Mr. Zawaly responded that this resident has pointed out the retention basin problems to Planning Commission and BZA each time a development application is brought forwazd for review. Conditions have been imposed upon the developers to adequately modify this detention basin. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 3 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Hela August 7, 1995 lg i Mr. Foegler noted that staff has worked with the shopping center owner to address the detention pond drainage problems. Because the property owner to the south will not allow the dischazge across his property, the shopping center owner will be required to pump out the residual water left ' in the retention basin to keep the basin effectively dry until a more permanent solution can be identified. A notification letter was sent recently regarding this matter. I I, Roy Lovell. 4980 Dublin Road stated that he had previously committed to Council that he would not ~ interfere with Mr. Hansley's negotiation efforts with Columbus regazding the mounding and other ~ ' issues recently discussed at Council. Unfortunately, a Columbus Dispatch reporter visited his home on Saturday and an article was contained in today's Dispatch. He noted that he has not spent $3,000 ~ on legal fees on this matter, as stated in the newspaper, but has spent that much on the mounding over a period of yeazs. He emphasized that he is very grateful for Council's assistance in ' negotiating with Columbus. He is very hopeful that Columbus can be persuaded to eliminate the exit road which is an unnecessary expense. Council Roundtable Mr i announced his candidacy for his third and last term on Council. He pointed out that much ~I' has been accomplished over the eight yeazs he has served on Council due to the efforts of both Council and staff. Much remains to be done in the City and he wants to be a part of it. He is pleased that fellow Council Member Chuck Kranstuber will also run, and noted that Council will miss Vice Mayor Denise King who has announced that she will not run. ~ Mr. Kranstuber asked why the Post Road bridge is being reconstructed at this time since it will eventually be widened. He noted that the sepazated sidewalk azeas on the bridge have been eliminated, and wondered if staff had provided input in the design. Mr. Kindra responded that this was astate-designed project and the Ciry was not involved. Staff I' ~I is still exploring the possibility of a bike path and sidewalk connection in this azea. It would likely ~I be at grade under 270, along the stream crossing. Mr. Foegler noted that the state was not receptive to installing a wider bridge in this location. ' Mrs. Boring noted that: 1. She recently hosted a group from Dublin, California on a tour of the Ciry with Ms. Puskarcik and Molly Snyder from the Convention Bureau. The visitors were very impressed with our Ciry. wn and concerns about enforcement of tree es bein cut do I~', 2. She has had calls about tre g surveys. Who has responsibility for ensuring that the tree surveys aze enforced? The trees ' in question are in Wedgewood Hills and along the south side of Brand Road between Muirfield and Avery. Mr. Foegler will check and advise on this matter. 3. She does not want to interfere with negotiations for the 257 project takes by attaching conditions as suggested in a memo she forwarded to Council. Instead, she is proposing that policies be set by Council to include these as considerations in roadway improvements. Staff would be directed to consider these points to maintain scenic beauty throughout Dublin roadway projects. Mr. Foegler commented that staffs understanding of Council's policy reflects consideration of the matters of restoring construction azeas after projects are completed. 4. She would be interested in seeing the construction drawings of the Hazd Road/257 intersection. Mr. Foegler responded that Council will be asked to awazd the construction contract for the I~ project at the next Council meeting. Staff can provide the drawings in the packet for Council at that time. ~ I Mrs. King commented that in deference to the long agenda, she will put her questions for staff in memo form. She noted that she is pleased that Mr. Strip will run for re-election and pointed out the critical importance of longevity on Council. She is also pleased that Mr. Kranstuber has announced his re-election, adding that each Council member has a special area of expertise upon which Council relies. 'i Mrs. Stillwell congratulated the clerk for her certification, and thanked Ms. Puskazcik for the wonderful Irish Festival. Mr. Zawalv noted that: 1. He will be vacationing with his family and will therefore miss the August 21 Council meeting. He asked that Council excuse him from this meeting. I I RECORD OF PROCEEDINGS Dublin City Council Meeting Page 4 Meetin Minutes of g DAYTON LEGAL BLANK CO., F R Held August 7, 1995 19 2. He congratulates the clerk for completion of the three-yeaz certification program and indicated his support for the advanced education program which she will begin this fall. Mayor Campbell: 1. Wished his fellow Council members the best of luck in the upcoming re-election campaign. 2. Echoed the comments made by the Dublin, California visitors to Mrs. Boring, that Dublin, Ohio is "impressive". The investments made in Dublin by many corporations and by hundreds of homeowners indicate that they aze willing to make a commitment to Dublin. He acknowledged the efforts of the entire community in making Dublin what it is today. Legislation Ordinance No. 04-95 - An Ordinance Providing for a Change in Zoning for 2.6871 Acres of Land Located on the Southeast Corner of Avery Road and Post Road from: LI, Limited Industrial District to: PCD, Planned Commerce District. (Ashland Oil Company - SuperAmerica) (Third Reading) (Applicant: Ashland Oil Company, c/o Jeffrey L. Brown, Smith and Hale, 37 West Broad Street, Columbus, Ohio. 43215) Jeffrey Brown, representing Ashland Oil, addressed Council, stating that the applicant for the SuperAmerica rezoning is requesting that the third reading be tabled until September 11, 1995 in order to explore other options. Mr. Strip moved to table Ordinance No. 04-95 until September 11, 1995. Mrs. King seconded the motion. Mrs. King praised Ashland for their willingness to take this step to address the concerns which have been raised. Mrs. Stillwell asked if the goal of tabling is to work toward a consensus solution. Mr. Brown responded that they will try their best to make modifications in response to the concerns of staff and the neighbors. They will look at all options, and that may include other sites. He cautioned that they may return in September asking for approval on the same site. 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. The third reading of the ordinance is tabled until the September 11 Council meeting. Ordinance No. 62-95 - An Ordinance Adopting the City's Five-Year Capital Improvements Plan, 1996 - 2000. (Public Hearing) Mr. Foegler summazized the portions of the proposed CIP where Council has indicated during the workshop sessions that they would like additional information or further discussion: 1. Increase the amount budgeted for bikepaths based upon additional information from staff with regazd to identifying missing links, and a more aggressive strategy for constructing some of the missing links. Staff was directed to present the information to the Public Services Committee so that the Committee can bring back a recommendation to Council for precise funding as well as a strategy for specific bikepath sections to be constructed by the City in the short term. 2. Staff indicated a need to work towazd a lazger annual investment in street resurfacing based upon aten-year life of pavement rule of thumb which may or may not have broad level validity in all applications. For this reason, staff recommends the pavement management system, discussed previously with Council, as a valid tool in assessing the maintenance needs for the roadways. Council had funded this system in the 1995 budget, but has taken no action to implement the system pending further discussion of its merits. Mrs. Stillwell indicated her support of this system which provides a basis that is solid and planned. It has been tested in other communities and seems to work well. Mayor Campbell stated that he supports the pavement management system because it will provide an organized plan to address street repaving and maintenance, probably saving money in the long run for the City. Mr. Zawaly indicated that he supports the system also. Mrs. Boring commented that she is unwilling to spend money on more consultants for other projects until previous commitments aze carried out, such as the stormwater management program. Mr. Foegler responded that a consultant has been selected for the stormwater management contract and the City has entered into the professional service contract. In terms of stream maintenance, Council made the decision to do critical maintenance where City structures were threatened versus a comprehensive program. Discussion followed about the timetable for adoption of the five-year CIP, and whether additional work sessions are needed. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 5 Meeting i_ DAYTON LEGAL BLANK CO., FORM NO. 10148 Held August 7, 1995 19 Mr. Foegler stated that when Council adopts the 1996 operating budget including the 1996 capital component, a more detailed review will be undertaken of the 1996 capital items. Staff will include language in the ordinance adopting the 1996 budget which will amend the five-year CIP to make it i compatible with the 1996 budget documents. Staff will be recommending adoption of the five-year CIP at the August 21 Council meeting, recognizing that Council reserves the right to define and re- define some portions during the 1996 operating budget deliberations in the fall. The five-year CIP does not appropriate money and does not restrict Council legally in any manner. Mrs. King indicated her support of adopting the five-year CIP to provide a framework to meet Council's goals. She also emphasized the importance of traffic improvements for the OCLC area which are scheduled to begin in 1996. This should be maintained as a priority. Discussion followed on the status of the proposed pavement management system which was budgeted for 1995 under the contingency account. Mr. Strip noted that he cannot support a $100,000 system which has not been demonstrated to be effective for a Ciry of Dublin's size. Mayor Campbell brought the discussion to closure, asking if there were four members of Council I who would authorize the staff to take RFP's for the pavement management system. There was not support from four members of Council. ' ~ Mr. Foegler noted that staff will put that matter on hold at this time. Mr. Strip commented that he would like more information on the subject. Mr. Foegler continued his presentation: 3. Staff has prepared a list of all possible sites to be considered for acquisition, based upon previous discussion with Council. These will have to be prioritized for the short term, and he understands that the Administrative Committee will establish a time on Council's agenda for an executive session to discuss these matters. Ii 4. He emphasized that many of the budgeted amounts for major projects are based upon estimates which are prepared prior to any design work for a project. Staff would like to ~ ~ develop a system within the ~ apital budget to indicate that numbers are "pre-conceptual" ~'~'i versus preliminary estimates based on partial design. i ~ Mayor Campbell noted that if Council members have questions about specific items, they should i ii forward those questions to him so that they can be addressed by staff prior to the next reading when ~ I Council has been asked to take action on the ordinance. There will be a third reading of the ordinance at the August 21 Council meeting. ~j Mr. Hansley reported that staff is recommending that Ordinance No. 17-94 remain tabled. ~i Ordinance No. 21-95 has been previously tabled by Council until October 2, 1995. I i Ordinance No. 55-95 (Amended) - An Ordinance Authorizing the Execution and Delivery of an Amendment to the Real Estate Purchase Agreement Dated February 2, 1995, as Amended, ~ Relating to the Purchase by the City of All or a Portion of the McKitrick Office Park, and I~ Declaring an Emergency. (Tabled Ordinance) Mr. Zawaly moved to take this from the table. Mr. Strip seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes. Mr. Hansley stated that staff is recommending that Council defeat this ordinance since it was set up as a contingency in the event that the real estate closings with Cardinal Health did not take place. ' Those closings have now taken place. Vote on the ordinance - Mr. Zawaly, no; Mrs. Stillwell, no; Mrs. King, no; Mayor Campbell, no; Mr. Strip, no; Mr. Kranstuber, no; Mrs. Boring, no. ~ Ordinance No. 23-95 - An Ordinance Providing for a Change in Zoning for 14.114 Acres of Land Located on the Southeast Corner of I-270 and Rings Road From: R-lA, Restricted Suburban Residential District, To: PCD, Planned Commerce District. (Chakeres Land Co.) !j (Third Reading) (Applicant: Chakeres Land Co., c/o Christopher Cline, 37 West Bridge Street, ~i Dublin, Ohio 43017) Mr. Hansley stated that staff is recommending adoption. Vote on the ordinance with the recommendations of Planning & Zoning Commission: Mrs. Stillwell, j yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, es; Mr. Kranstuber es• Ma or y , y y Campbell, yes; Mrs. King, yes. I ~ u RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meetin DAYTON LEGAL BLANK CO. FORM NO. 1014 Held August 7, 1995 19 Ordinance No. 45-95 - An Ordinance Authorizing the City Manager to Enter into a Cooperative Agreement with the City of Columbus for an Intersection Improvement at Frantz Road and Hayden Run Road. (Third Reading) Mrs. Stillwell moved to table this ordinance until August 21 as discussions are still underway regarding the power line issue which affects some of the other decisions in regard to the roadway. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. Ordinance No. 50-95 - An Ordinance Establishing a Purchasing Preference for Products Made from Recycled Materials. (Third Reading) Mr. Hansley stated that staff is recommending adoption. Vote on the ordinance - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. King, yes. Ordinance No. 51-95 - An Ordinance Amending Certain Sections of Ordinance No. 23-93 ("Compensation Plan"), Creating a New Risk Management Specialist Position within the Division of Personnel and Purchasing, and Amending the Annual Appropriations for 1995. (Third Reading) Mr. Hansley stated that staff has no additional information regazding this legislation. Vote on the ordinance - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Resolution No. 13-95 - A Resolution Directing the Franklin County Board of Elections to Place Ordinance No. 102-94 (Revised Northeast Quadrant PUD rezoning) on the November, 1995 Ballot Pursuant to the Referendum Petition Filed by the Electors, and Declaring an Emergency. a. (Third Reading) Mr. Strip moved to treat this as emergency legislation. Mr. Kranstuber seconded the motion. Mr. Smith added that emergency action is necessary to ensure that the resolution is effective prior to the submission deadline for the Franklin County Board of Elections for the November ballot issues. Mayor Campbell noted that, regazdless of Council's opinion about this referendum, Council has an obligation to vote in favor of this resolution. Mr. Strip added that voting in favor of the resolution does not indicate an endorsement of the referendum on the rezoning. Discussion followed about whether other options aze available at this point to return the zoning to that established in 1990. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Discussion followed about whether there is any way to withdraw a ballot issue if agreement is later reached among the parties. Vote on the resolution -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, ~ yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes. ~ i Ordinance No. 67-95 - An Ordinance Authorizing the City Manager to Enter into a Lease for the Property Located at 27-29 S. High Street. (Second Reading) Mr. Hansley noted that a memo was provided to Council in response to questions raised about liability insurance limits. Staff is recommending that this ordinance be held over for a third reading. There will be a third reading of the ordinance at the August 21 Council meeting. ~5. Ordinance No. 69-95 - An Ordinance Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield Village During the Wendy's Three Tour Challenge, and Declaring an Emergency. (Second Reading) Mr. Hansley noted that staff will be requesting emergency action at the next reading. There will be a third reading of the ordinance at the August 21 Council meeting. Ordinance No. 70-95 - An Ordinance Accepting the Annexation of 21+/- Acres from Jerome Township, Union County to the City of Dublin, Ohio. (Starkey annexation) Mayor Campbell introduced the ordinance. Mr. Hansley noted that there is a detailed memo from staff in the packet. This is the annexation that was delayed back in April due to technical problems with the filing. Staff is requesting that it be held over for second reading. There will be a second reading of the ordinance at the August 21 Council meeting. ~I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1074 Held August 7, 1995 19 Ordinance No. 71-95 - An Ordinance Authorizing the Conveyance of Land by the City of Dublin, Ohio to the Board of Trustees of the Columbus Metropolitan Library; Authorizing the Execution and Delivery of a Deed; and Reservation of an Access Easement. (Fret Reading) Mrs. King introduced the ordinance. Mr. Hansley explained that a detailed memo was provided in the packet. The history of this land involves athree-party agreement among the Dublin Schools, the City and the Library Boazd whereby the land was provided conditioned upon the construction of the library. Mr. Strip noted that he was involved in the original transaction ten yeazs ago as a librazy officer. He does not believe this creates a conflict at this time, since he is no longer involved with the library board. There will be a second reading of the ordinance at the August 21 Council meeting. Ordinance No. 72-95 - An Ordinance to Appropriate a Fee Simple Interest and a Temporary Construction Easement in a 15.43 Acre Tract Owned by Carol L. Schlotterer, Located on the East Side of State Route 257 in the City of Dublin, State of Ohio, and Declaring ~ an Emergency. (Frst Reading) Mr. Strip introduced the ordinance. Mr. Smith explained that Ordinance Nos. 72-95 through 77-95 are the second step in the appropriation process for the Route 257lHazd Road intersection improvements. The ordinances authorize staff to initiate a property take through the courts. Discussions aze continuing with each of the property owners. Three of the six have been resolved in concept, and the other three are still under negotiation. Legal staff recommends that each of these be passed as emergency legislation so that the appropriation complaints can be filed in a timely manner if negotiations are not successful. All of this is necessary to ensure that the project is completed on schedule. Mr. Smith then explained the court process for appropriation legislation. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. King, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. Vote on the ordinance - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Strip, yes. Ordinance No. 73-95 - An Ordinance to Appropriate a Fee Simple Interest and a Temporary Construction Easement in a 18.662 Acre Tract Owned by Kenneth V. and Nancy Iienceroth-Gatto, Located on the East Side of State Route 257 in the City of Dublin, State of Ohio, and Declaring an Emergency. (Frst Reading) Mr. Strip introduced the ordinance, moved to waive the three-time reading rule and treat this as emergency legislation. ~ Mr. Zawaly seconded the motion. Vote on the motion -Mayor Campbell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, Yes. Vote on the ordinance - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mayor Campbell, yes, j Ordinance No. 74-95 - An Ordinance to Appropriate a Fee Simple Interest and a Temporary Construction Easement in a .635 Acre Tract Owned by john and Roopande Dirrig, Located on the East Side of State Route 257 in the City of Dublin, State of Ohio, and Declaring an Emergency. (Frst Reading) Mrs. Stillwell introduced the ordinance. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. John Dirrig. 7700 Riverside Drive. Dublin stated that: 1. He is concerned that there aze no guarantees about the trees to be saved on his property. 2. He is under the impression that the quick take proceeding begins this week, not at a future date when negotiations break off as Mr. Smith has stated. 3. The newspaper states that the construction will start immediately after the awazd of the construction contract on August 21. He had understood previously that the project would not be initiated that soon. Mayor Campbell clazified that Mr. Dirrig has not been deprived of information; in fact, Mr. Dirrig's wife works for Mr. Smith's law firm, and therefore this case was assigned to an outside counsel. Mr. Smith cannot discuss the matter with Mr. Dirrig because of the conflict of interest issue. Mr. Strip commented that none of Mr. Dirrig's questions relate to the ordinance before Council. They can instead be addressed with staff by telephone. Mr. Foegler estimated that construction will begin in three to five weeks. Staff has worked with the RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 8 Meetin DAYTON LEGAL BLANK CO. FORM NO. 1014 ' Held August 7, 1995 19 design consultant to identify issues to be resolved, and Mr. Dirrig will be provided with information this week in terms of things that can and cannot be done. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Vote on the ordinance -Mrs. King, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. Ordinance No. 75-95 - An Ordinance to Appropriate a Fee Simple Interest and a Temporary Construction Easement in a .581 Acre Tract Owned by Harold E. Bickel, Located on the East Side of State Route 257 in the City of Dublin, State of Ohio, and Declaring an Emergency. (First Reading) Mrs. Stillwell introduced the ordinance. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. King seconded the motion. Vote on the motion -Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mrs. King, yes; Mr. Kranstuber, yes. Vote on the ordinance - Mr. Strip, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mrs. King, yes. Ordinance No. 76-95 - An Ordinance to Appropriate a Fee Simple Interest and a Temporary Construction Easement in a 18.202 Acre Tract Owned by College Properties of Northern Ohio, Inc., Located on the East Side of State Route 257 in the City of Dublin, State of Ohio, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the ordinance, moved to waive the three-time reading rule and to treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion -Mrs. King, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mayor Campbell, yes. Vote on the ordinance -Mrs. Boring, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes. Ordinance No. 77-95 - An Ordinance to Appropriate a Fee Simple Interest and a Temporary Construction Easement in a 27.778 Acre Tract Owned by Deborah J. McCullough, Located on the East Side of State Route 257 in the City of Dublin, State of Ohio, and Declaring an Emergency. ()Hirst Reading) Mr. Zawaly introduced the ordinance, moved to waive the three-time reading rule and to treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. i~ Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Vote on the ordinance - Mr. Kranstuber, yes; Mrs. King, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. i Ordinance No. 78-95 - An Ordinance Authorizing the Purchase of High Lift Equipment j Without Formal Advertising and Competitive Bidding. (First Reading) Mrs. King introduced the ordinance. Mr. Hansley stated that this ordinance authorizes the purchase of a bucket truck for a variety of uses as outlined in the memo in the packet. Staff is recommending it be held for a second reading. There will be a second reading of the ordinance at the August 21 Council meeting. Ordinance No. 79-95 - An Ordinance Authorizing the City Manager to Enter into an Agreement with Master Maintenance for the Purpose of Providing Janitorial Services. OFirst Reading) Mrs. King introduced the ordinance. Mr. Hansley stated that this contract was bid, and staff will be requesting passage by emergency at the third reading to comply with the expiration date of the current contract. There will be a second reading of the ordinance at the August 21 Council meeting. Resolution No. 21-95 - A Resolution Authorizing the City Manager to Initiate Acquisition of Real Estate at the Intersection of Bridge and High Streets within the Old Dublin Historic District, and Declaring Such Action a Public Purpose. ()Hirst Reading Mr. Strip introduced the resolution. He noted that this resolution initiates along-time, long-range goal of the entire Council to enhance the face of the entire downtown Dublin area. Mr. Hansley stated that this resolution involves acquisition of properties at the intersection of Bridge RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Held August 7, 1995 19 and High Streets. Staff is requesting this be held for second reading. There will be a second reading of the resolution at the August 21 Council meeting. ther Motion of Clazification Re azding Brighton Park rezoning text pertaining to i fence restrictions ~ Mrs. Stillwell reported that the other members of Council were not provided with background materials for this matter which was on the agenda of the July 17 meeting. Staff is in the process of putting together this packet, and Brighton Pazk resident Mike Baker is out of town tonight and had expressed his desire to be present for discussion. For these reasons, she would move to table this matter until August 21. Mr. Zawaly seconded the motion. ~ Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. li Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. j ~ Anneal by Continental Real Estate to Planning & Zoning Commission Recommendation on _ Final Development Plan for McDonald's Restaurant at Perimeter Center Mayor Campbell stated that this is an appeal to a disapproval of a Final Development Plan by the Planning Commission for McDonald's Restaurant at Perimeter Center. It will be handled by providing the appellant 10 minutes for a presentation on the issues; staff then will provide a 10- minute response if they choose to do so; and then there will be a five minute rebuttal by the ~ appellant. At the conclusion, Council can offer any questions prior to making a decision of whether to grant the appeal. i Dan Gunsett. attornev. Baker & Hostetler stated that he represents McDonald's Corporation and ~ Continental Real Estate, applicants for the project. He noted the following: 1. The 30-day period for appeal was waived by the applicant in order to allow additional time for prepazation and to relieve the heavy Council agenda. 2. The proposed facility contains all of the features required by Dublin Code. Staff recommended 8 conditions and the applicant has agreed to all. ~ ~ 3. Planning Commission disapproved the plan based on concerns about stacking, pazking, and the drive-through azea. 4. The applicant has prepazed a new site plan for tonight's hearing, incorporating all of the things agreed upon at the Planning Commission heazing. 5. The new site plan shows the change in location of the handicapped parking which has been moved immediately to the south and will not be blocked by potential stacking from the drive- through. 6. This plan meets and exceeds the Perimeter Center development standazds which call for 8 stacking spaces for adrive-through. This plan allows 14 stacked cazs on the premises. 7. Dublin staff conducted surveys which demonstrated that the 14 on-premises stacking will be more than adequate for the peak hour stacking. 8. Drive-throughs aze self-limiting -when the aze full, customers will o elsewhere r Y g o go inside the restaurant versus stacking off site. 9. They have also identified that off-duty police could be hired to service the traffic if the need ~ is justified. j 10. For P & Z to impose a higher standard than what Council had approved with the Perimeter Center development standazds would require additional empirical information to justify it. The empirical data does not justify imposing this higher standazd. 11. They respectfully request that City Council approve the plan presented by McDonald's and Continental Real Estate. Ms. Clazke stated the following: 1. This corner site within Perimeter Center is zoned PCD and was reviewed by Planning Commission in May and July. It was tabled in May because there were a number of issues to be corrected, including increasing landscaping, increasing pazking, and making improvements to the drive-through stacking. I 2. The applicant's site plan was submitted as of June 1, and it does meet the minimum criteria established in Dublin's Landscape Code. It meets the minimum criteria established for drive-through stacking under the Perimeter Center text. 3. The site plan does not meet the parking requirement of 61 spaces for a restaurant of this size. This site provides 52. So even if the appeal is granted, the reduction in pazking will have to be approved by the Boazd of Zoning Appeals. 4. The applicant has stated that he has a lease with the Perimeter Center shopping center for i. i ~ ~I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK CO. FORM NO. 1014 Held August 7, 1995 19 the additional parking spaces required and will have under lease adequate spaces to combine with on-site pazking to meet the 61 spaces required by Code. This would still require a variance from the BZA since the parking spaces would not all be on site. 5. Although this application meets the stacking requirements, the concern is that it will not function on the site well due to the one-way circulation pattern azound the building. 6. The issues cited as bases by the Planning Commission for their disapproval as outlined in the corrected Record of Action were: a) the development plan does not satisfy concerns relative to traffic safety due to proposed traffic configuration; b) that under the criteria for development plan approval for the PCD district, the plan fails to meet criteria under Section 1181.09(e) relative to ensuring appropriate traffic accessibility and ensuring non-conflicting circulation; c) the impact from conflicting circulation will negatively impact adjacent properties through conflicts with the off-site circulation system. 7. The fourth basis for disapproval which was cited by staff but not included by Planning Commission was that the site was too small to support adequate drive-through stacking. 8. She added that the applicant has made some improvement to the site plan in terms of eliminating the interference with the disabled pazking. Staff believes that the Planning Commission took the correct action at its June 1 meeting in disapproving this plan. Mr. Gunsett noted that when the driveway was changed in the plan from 36 feet to 30, it allowed extra parking space, so there are now actually 53. For safety purposes, they will install a sidewalk to access the employee parking area. They understand that approval is needed from the BZA, and that has already been accepted as a condition of approval. Mr. Smith stated that five votes aze required to overturn the recommendation of the Planning Commission. Mrs. Boring asked how the neighboring businesses feel about this issue. Mr. Gunsett responded that Bank One representatives have indicated they favor the McDonald's development at the Center. They also have had favorable reaction from the Lowell Trace and Indian Run residents at a meeting last Thursday. Mr. Kranstuber noted that this application meets the standazds adopted by Council for the Perimeter Center and yet Planning Commission denied it. This could affect a judge's decision if it were appealed to the court. Mr. Smith noted that this is athree-window operation which should speed up the stacking. He does i have some concerns that standazds would be imposed that exceed the requirements of the text. Mr. Zawaly commented that the overall impression of Planning Commission was that it was too much building for this particulaz site. The adequacy of the stacking space seems to be sufficient as demonstrated by the data from compazable stores surveyed by staff. I I Mr. Strip asked if the pazking issue is outside of Council's jurisdiction and to be determined by the Board of Zoning Appeals. Mr. Smith responded that it is a vaziance that they are allowed to seek from the BZA. It is a separate issue for BZA to rule upon. Mrs. King noted that the problem is really one of traffic flow -that there is only one way in and the parking spaces line up in a way that you can only approach them from one direction. She does not have concerns with the off-site parking agreement. The circulation problem should be a solvable one. Mrs. Boring commented that if they meet the stacking criteria, she does not believe the City should bear the responsibility for customers getting in and out of the restaurant during peak times. It is a personal choice whether or not to patronize an establishment during the peak period of traffic. Mr. Strip noted that if circulation is the problem, why is there just one point of ingress and egress? Ms. Clazke responded that there aze limitations within Perimeter Center: curb cuts are not allowed on Avery-Muirfield Drive except for Perimeter Drive and Perimeter Loop Road. The other is that putting two driveways onto the service road will eliminate a couple of pazking spaces when parking is already deficient. I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAKON LEGAL BLANK CO.. Held August 7, 1995 19 Mayor Campbell noted that since Planning Commission took no affirmative action, there are no conditions recommended. He asked if the applicant is willing to accept all of the conditions contained in the staff report. Mr. Gunsett responded that they agree to abide by the 8 conditions noted in the staff report as future issues for consideration. Mrs. Stillwell commented that standards have been established in the approved Perimeter Center text and this application meets the standards. She then moved to approve the final development plan subject to the 8 conditions listed as future issues for consideration in the staff report and with the understanding that the Board of Zoning Appeals will have to review the parking variances. Mrs. King seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Mayor Campbell summarized that the appeal has been granted with the understanding that the applicant accepts the 8 considerations listed in the staff report as conditions. Villas of Earlington -Brand Road R~ht-of--Way Easement and Dedication Plat Mayor Campbell noted that Mrs. King will chair this portion of the meeting since he represented the Villas of Earlington and prepared the filings for the condominium. He will therefore abstain from voting. Mr. Kindra stated that all of the commitments have been included on this plat. Mr. Strip moved to accept the plat. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Post Road Wilcox Road. Perimeter Drive -Right-of--Way Easement and Dedication Plat Mr. Foegler stated that this relates to and is in fulfillment of a tax increment financing ordinance approved by Council. The plat provides the necessary right-of--way easements for the extension of Perimeter Drive, the easements for the bikepath along Post Road, and for the landscaping along Post Road. Mr. Kindra noted that emergency action will be requested at the next Council meeting for an ordinance awarding the bid for the Post Road buffer planting/Perimeter street trees project. Mr. Strip moved to accept the plat. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, abstain; Mrs. King, yes; Mr. Zawaly, Yes. Trinity Park Section 2, Phase 1 -Final Plat Ms. Clarke noted that Trinity Park is a subdivision on Wilcox Road and this phase includes 35 single family lots. Planning Commission recommended approval of this final plat at their July meeting with several conditions: 1. That the parkland in Section 1 be dedicated to the Ciry of Dublin by general warranty deed with the fmal plat of Section 2, Phase 1. 2. That the final plat be revised to indicate "no parking" zones along the fire hydrant side of all streets and throughout cul-de-sacs and eyebrows. 3. That the final plat be revised to indicate that the maintenance of landscaped islands will be the responsibility of the homeowners. The developer has agreed with these conditions. Mr. Strip moved to approve the final plat with the conditions as noted. Mrs. King seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Wellington Place Section 2 -Final Plat Ms. Clarke stated that Wellington Place subdivision is located north of Brand Road on the west side of Dublin Road. This plat is for 26 new single-family lots, and Planning Commission approved the plat at their June 9, 1994 meeting with several conditions, one of which needs to be corrected: 1. That the security requirements of Section 1109.03(b)(2) be met by the applicant prior to consideration at the Planning Commission on June 9, 1994; 2. That the final plat be revised to indicate "no parking areas" along one side of all 26-foot streets; 3. That the final plat be revised to indicate an 8-foot no build zone and "no fencing along RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting E AL BLANK CO. FORM NO. 1014 Held August 7, 1995 19 property lines for lots 45 and 46 which abut open space azeas, as per preliminary plat conditions of approval; 4. That landscape plans for entry features and a street tree plan be submitted for staff review and approval prior to recording of the final plat; and 5. That the applicant work with the Parks division to establish natural treatment along the lot lines abutting pazkland. Mr. Kranstuber moved to amend condition 3 to specify an 8-foot no build zone. Mrs. King 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. Mayor Campbell moved to approve the plat subject to the five conditions as amended. Mrs. King seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes. Acceptance of Hewitt Place as a Public Street Mr. Hansley stated that staff is requesting that Council hold this item over until the August 21 Council meeting. Mr. Zawaly noted that he will be absent on August 21, and would like to be present for this discussion. He suggested postponing this item until the September 11 meeting. Mayor Campbell and Mr. Hansley agreed that this would be satisfactory. This matter will be held over until September 11, 1995. Council Committee Reports Mrs. Stillwell, Administrative Committee reported that: 1. They have sent a survey to Council members regazding the format and preferred method of communication for receiving reports from staff. She asked that these be completed and forwazded to the clerk for compilation. 2. Announcements have been placed in the paper and Inside Dublin regazding applications for boazds and commission members for 1996. The Committee would like to move this process up on the calendaz to October due to the many budget hearings in November/December. 3. The Committee is putting together a schedule for the next few months for needed work sessions, executive session for land acquisition discussion, interview sessions, and Charter review and will discuss this at the Administrative Committee meeting on September 13. 4. The Retention and Expansion Committee would like to schedule a session with Council to review proposed strategies in eazly October. Council could meet with the Committee at 6 p.m. on Monday, October 2, prior to the Council meeting, if this is agreeable. i Mrs. Boring moved to refer to Administrative Committee consideration of a salary increase for Council and an option allowing Council members to buy into the health benefits program provided to City employees. Mrs. King seconded the motion. Mr. Hansley noted that an RFP is in process for the compensation study which includes a survey of Council compensation. ~ Vote on the motion - Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes. Mr. Zawaly, Charter Review and Revision Commission reported that he and the Law Director have x.<- contacted Chazter expert John Gotherman regarding several issues of concern under discussion. The Commission will likely be reconvened to review Mr. Gotherman's suggestions. Following this review, he would anticipate Council scheduling a work session for their review, prior to the time of the second reading of the resolution tabled until November 6. The meeting was adjourned at 10:45 p.m. Mayor - P i mg is r C Clerk of Council II