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HomeMy WebLinkAbout08/21/1995 RECORD Off' PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Held August 21, 1995 ig Mayor Campbell called the meeting to order at 7:30 p.m. Mrs. Stillwell led the Pledge of Allegiance. Roll all Council members present were: Mayor Campbell, Mrs. King, Mr. Kranstuber, Mr. Strip, and Mrs. Stillwell. Mr. Zawaly and Mrs. Boring were absent (excused). Staff members present were: Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. Harding, Ms. Clarke, Mr. Bowman, Ms. Bearden, Mr. Hahn, and Chief Ferrell. Aooroval of Minutes of the August 7, 1995 Meeting Mr. Strip moved to approve the minutes of the August 7 Council meeting. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Correspondence The clerk reported that a notice was sent to Council from the Ohio Department of Liquor Control regarding the privatization of the State liquor store in Dublin on Riverside Drive. She referred to the Law Director on this matter. Mr. Smith noted that the Department of Liquor Control will enter into a contract with applicant Nghiem Van Tran to operate a private agency at 6514 Riverside Drive. He will sell food and deli items as well as liquor, operating as a "party" store. Mrs. King commented that the business will then contribute taxes to the City. There was no objection from Council to this contract. Comments from Psitors There were no comments from visitors. Mayor Campbell noted that there has been a trend over the past months of several visitors addressing Council on the same topic and delaying the evening's agenda. The intent of moving the comments ° to the front of the agenda was to provide the opportunity for a citizen to bring something to Council's attention which was not on the evening's agenda. He plans to use his discretion in the future in such cases to add the topic to the "Other" portion of the agenda so that the previously set agenda will not be unduly delayed. In this way, comments generating lengthy discussion can be moved to a more appropriate portion of the agenda. In these cases, he will request that Council consider a motion to amend their agenda for the evening to add the item under the "Other" portion. Council Roundtable Mrs. King shared photos of the ditch area at the previously approved Brighton Park development. She wanted Council to be aware of the situation, and she has communicated this to staff. Mayor Campbell suggested that Council discuss the proposed workshop dates for the fall, as circulated in a memo from the Administrative Committee. He noted that the opening ceremonies for the Wendy's Three Tour Challenge are scheduled for Monday, September 11. In order to allow Council representatives to attend, he proposed adjusting the start time of the Council meeting to 8 p.m. or possibly moving the meeting date to Tuesday, September 5. Following discussion, Mr. Kranstuber moved to adjust the meeting start time on Monday, September 11 to 8 p.m., to dispense with staff comments that evening, and for Mr. Strip to chair the meeting until the Mayor or Vice Mayor arrive. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Mrs. King noted that the NLC newspaper features a story about a congressional bill under consideration which would take away local government's zoning authority in terms of the location of cellular communication towers. She urged Council to take a position on this important matter. Following discussion, Mrs. King moved to have staff compose a letter on Council's behalf to the City's federal elected representatives stating Council's support for local zoning control of the location of cellular towers and Council's opposition to the federal government role in that process. Mr. Strip seconded the motion. He further suggested that the letter be shared with other suburbs of Franklin County so that they, too, could support Council's position. Vote on the motion -Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Strip, yes. RECORD OF' PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK R Held August 21, 1995 19 Mrs. Stillwell stated: 1. She has been on vacation for the past two weeks and was sorry to miss the Employee Corn Roast. 2. She commended the Police Division for their vacation house watch service and the friendly manner of the personnel involved. 3. Thanks to Ms. Jordan for the memo on Shawan Falls summarizing the activity on this land ,n preservation matter. 4. She and Mrs. King will attend the Leadership Summit in Asheville, North Carolina next week. This program is sponsored by the National League of Cities, and they hope to share the information from the conference when they return. Mayor Campbell: 1. Reviewed the Charter in regazd to the Council salary matter raised at the last meeting. Based upon the Charter, the deadline for filing a salary change would be July 1st of odd- numbered yeazs. Therefore, consideration of this matter will have to be postponed until 1997. 2. Asked about the status of the names for the Coffinan/Sawmill/Tuttle connector road. Mr. Hansley responded that the City's public relation consulting firm is putting together some suggestions, and staff will meet with them and then discuss the matter further with Council members. They hope to have a list of suggestions within two to three weeks. 3. Noted for the benefit of the audience that the Brighton Park fence matter has been postponed until a September meeting; that the Caplestone Lane residents have a meeting scheduled with staff, and therefore this matter will be held over until September; the Dublin Baptist Church has requested that Council delay their consideration of a fee waiver until September; and the public heazing scheduled for tonight will be tabled at the request of the applicant. Mrs. Stillwell asked if Council action is needed in response to the memo about the 5800 Building ' improvements. Mr. Foegler responded that this memo was provided to Council for their information. Staff is reviewing the options available for a later recommendation to Council. 'slation Ordinance No. 18-95 - An Ordinance Providing for a Change in Zoning for 11.927 Acres of Land Located Along the West Side of I-270, Approximately 500 Feet South of Shier-Rings Road from: RI, Restricted Industrial District to: PCD, Planned Commerce District. (Corporate Park of Dublin) (Public Hearing) Hugh Davis. representing_Equity Dublin Associates, owner of the Corporate Park of Dublin, requested that Council table this item until October 2, 1995. Mrs. King moved to table the ordinance until October 2, 1995. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Mayor Campbell noted that Ordinance 17-94 will remain tabled indefinitely; Ordinance No. 04-95 was tabled until September 11; Ordinance 21-95 was tabled until September 11; and Ordinance No. 45-95 was tabled until tonight. 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. (Tabled at Third Reading) y Mrs. Stillwell suggested that Council keep this ordinance on the table until September 11. The affected residents have still not been contacted by the county regarding appraisals being done and other matters, and delaying consideration of the ordinance will preserve the options. Mr. Hansley reminded Council that the proposed agreement includes upgrading the retaining wall to a decorative wall with a wrought iron railing on top. He agrees that it would be in the residents' best interests to table the ordinance until September 11. Mrs. Stillwell moved to table the ordinance until September 11, 1995. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. Mayor Campbell noted that Ordinance No. 65-95 was previously tabled until November 6, 1995. RECORD OF PROCEED[NGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK Held August 21, 1995 19 Ordinance No. 62-95 - An Ordinance Adopting the City's Five-Year Capital Improvements Plan, 1996 - 2000. (Third Reading) Mr. Hansley stated that staff is recommending adoption of the ordinance. He added that the actual implementation of individual capital items will occur within the operational budget under the cash capital portion. Staff is preparing the operating budget at this time. Mr. Foegler clarified in regard to the northeast quad park that at this time, staff is not proposing „ x ~ additional funding for design and construction beyond the conceptual plan. Upon approval of the conceptual plan in 1996, Council will revisit the timing of the design and construction of those improvements based upon the agreed upon concept plan. Mr. Strip asked for confirmation that the $100,000 budgeted for the pavement management system had been deleted. Ms. Grigsby responded that the project was included in the 1995 budget under contingencies. Staff will bring back an appropriation ordinance to Council to reduce that appropriation. Mr. Kranstuber asked if the bikepath funding has-been increased based on Council's discussion at the CIP workshop sessions. Mr. Foegler responded that in the last memo regarding the CIP, staff indicated that this C1P recognized that Council will increase that number and as part of the annual capital budget to be adopted later this year, the 5-year CIP will be modified to incorporate the increased figure set by Council. Mrs. King noted several concerns: 1. She would like to have the executive session for land acquisition scheduled earlier than October 16, and she will propose that Council take a renewed look at acquiring and preserving the Shawan Falls property. 2. Council has budgeted $50,000 per year over the last several years for ditch enclosure. ' There also needs to be a conscious effort not to create new ditches as was done on the north side of Rings Road. 3. She would like additional information from staff on the cost of enclosing a mile of ditch in order to determine if additional annual appropriations are needed to make an impact on this problem. 4. She would place a high priority on the enclosure of the Brand Road ditch and would recommend including other steep ditches in the enclosure program to be funded either in the annual budget or in the five-year CIP, whichever is more appropriate. Mr. Foegler responded that the ditch enclosure program was included in the annual budgets but was not listed as a separate line item during the last couple of years. The five-year budget includes $50,000 as a separate line item on an annualized basis for ditch enclosure. He will ask Engineering to provide some estimates for enclosure of typical ditches. The Brand Road improvement is programmed as a recommended 1996 project in the capital budget Council is considering tonight. Vote on the ordinance - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mrs. Stillwell, yes. 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. (Third Reading) Mr. Hansley stated that staff recommends adoption so that this project can move forward. Vote on the ordinance - Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Ordinance No. 69-95 - An Ordinance Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield Pllage During the Wendy's Three Tour Challenge, and Declaring an Emergency. (Third Reading) Mr. Hansley stated that staff is requesting emergency action this evening so that the ordinance will be effective prior to the time of the event. Mr. Strip moved to treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Vote on the ordinance -Mayor Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes. 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) (Second Reading) RECORD OF PROCEED[NGS Minutes of Dublin Ciry Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held August 21, 1995 lg There were no comments from the audience and no discussion from Council members. There will be a third reading of the ordinance at the September 11 Council meeting. Ordinance No. 71-95 - An Ordinance Authorizing the Conveyance of Land by the City of Dublin, Ohio to the Board of 1~ustees of the Columbus Metropolitan Library; Authorizing the Execution and Delivery of a Deed; Reservation of an Access Easement. (Second Reading) Mr. Hansley pointed out that the Engineering and Planning staffs aze requesting that this document be modified to provide for a bikepath easement to the rear of the property and to reserve the ability to take land for any future Dublin Road widening. He added that the City never really owned this land, rather the Community Improvement Corporation owned the land under the terms of a property conveyance from the schools to the librazy system. The library has indicated that they aze unwilling to add two additional easements, but they will enter into a sepazate letter of understanding stating that the City and the library recognize the value of the bikepath and the potential widening of Dublin Road at their location. Mr. Strip commented that this is one of the few libraries in the county which was able to secure free land for their facility. The schools donated the land to induce them to build the library at this location. Mrs. King pointed out that the City has a commitment to maintain Dublin Road as a scenic collector, and she asked for clarification about plans for road widening. Mr. Foegler noted that most properties have technical ownership to the centerline, and staff views this as an opportunity to secure ownership of the right-of--way per the Thoroughfare Plan. It would secure the rights for the future possibilities of drainage improvements, bikepaths, and the like. It brings this right-of--way in accordance with the adopted Plan. There will be a third reading of the ordinance at the September 11 Council meeting. Ordinance No. 78-95 - An Ordinance Authorizing the Purchase of High Lift Equipment ~ Without Formal Advertising and Competitive Bidding, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that Mr. Harding can respond to any questions from Council members. Mr. Hansley added that staff is requesting emergency action in order to take this opportunity to purchase used equipment at a good price. Mr. Strip 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. King, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Vote on the ordinance - Mr. Kranstuber, yes; Mrs. King, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. Stillwell, yes. 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. (Second Reading) Mr. Hansley stated that staff has no additional information at this time. There will be a third reading of the ordinance at the September 11 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. (Second Reading) Mr. Foegler noted that the primary intent of this resolution is to establish the public purpose of the acquisition and to define that public purpose. This resolution does not authorize the appropriation ~ of funds, but is simply the first step to notify the public of the intent of Council in regard to acquisition of these properties. Additional actions will be required from Council as the process continues. Mr. Smith added that staff has contacted the owners of both properties to make them aware of this legislative action of Council. The results of the appraisals have been sent to the property owners, but discussions have not begun regarding price, timing, etc. He would expect a fairly drawn out process in terms of negotiations. He will report to Council on the status of this matter within the next 60 to 90 days. John Price. 505 Whitney Avenue. Worthington stated that he operates the Dublin Union 76 station and has done so over the past 20 years. He does not own the property and would like more information on the timing of this process so that he can make plans for the future. Mayor Campbell emphasized that no one is trying to put Mr. Price out of business. The goal of this RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 5 Meeting DAYTON LEGAL BLANK R Held August 21, 1995 ig land acquisition is to improve the center of the Ciry and to explore a public use for this land. He assured Mr. Price that Council will take into account all of the possible considerations when the final decision is made. He asked the Ciry Attorney to discuss the timing issues with Mr. Price before he leaves this evening. There will be a third reading of the resolution at the September 11 Council meeting. Mayor Campbell noted that some items are marked as consent items and asked if Council members objected to treating Ordinance Nos. 80-95, 91-95 and 93-95 as consent items. Ordinance No. 80-95 - An Ordinance Providing for a Change in Zoning for 23.525 Acres of Land Located on the East Side of Avery Road, Approximately 350 Feet South of Memorial Drive, from: R-1, Restricted Suburban Residential District to: PUD, Planned Unit Development District. (Muirfield Village -Phase 45) (First Reading) (Applicant: D & A Associates and Muirloch Realty, Inc. dba RE/MAX Muirloch, c/o Stephen C. Lenker, 6189 Memorial Drive, Dublin, OH 43017) Ordinance No. 91-95 - An Ordinance Authorizing Bonds to be Obtained for the City Manager, the Director of Finance, the Assistant Director of Finance and the Tax Administrator and Setting the Amount of those Bonds. (First Reading) Ordinance No. 93-95 - An Ordinance to Amend Certain Sections of the Codified Ordinances of the City of Dublin Pertaining to the Penalties for the Illegal Operation of a Motor Vehicle in a Construction Zone. (first Reading) Mr. Kranstuber moved to treat Ordinance Nos. 80-95, 91-95 and 93-95 as consent items, to introduce them, and to waive the reading of these items. Mrs. Stillwell seconded the motion. Mrs. King commented on Ordinance No. 80-95, stating that an issue was previously raised at Council regarding the appropriate time for a policy discussion on a rezoning. Under the current system, the process is set in motion without Council having the option to say that the land use may be inappropriate. Mayor Campbell suggested deleting Ordinance No. 80-95 from the consent motion, and Mr. Kranstuber and Mrs. Stillwell agreed to amend their motion. Vote on the motion - Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. King, yes. Ordinance No. 80-95 (title listed above) Mayor Campbell introduced the ordinance and asked Mr. Foegler to respond to concerns raised by Mrs. King. Mr. Foegler stated that the City Attorney could best respond to the question, but his understanding of the resolution of Council's last discussion of this matter was that there is a mandatory due process established once a rezoning application is filed. The Charter requires that Council refer an ordinance to Planning Commission after the first reading at Council. Planning staff does encourage applicants to meet with staff early in the process to review their application within the context of the Community Plan, to discuss issues raised with similar rezonings, and to give the applicant a sense of the policy direction set by Council and Planning Commission. Once the application has been formally filed, the due process requirements of the Charter mandate that the application go forward for consideration. He added that if Council as a group has clear concerns, it may be appropriate to advise the applicant of a similaz application which was turned down by Council so that he could make an informed choice of whether to proceed. The Law Director would likely recommend against Council sending a particular recommendation to the Planning Commission with a rezoning referral. Mr. Strip moved to refer Ordinance No. 80-95 to Planning & Zoning Commission. Mayor Campbell seconded the motion. Mr. Strip noted that per the Charter, Council does not have a choice in this matter. At this point, Mrs. King commented that the Charter needs to be changed. Mrs. Stillwell stated that the Charter Review & Revision Commission has struggled with this due process issue, but the attorneys have recommended that there is no discretion in this regard. She added that it is important that the Community Plan be the document that designates appropriate land uses for the community. Mr. Kranstuber noted that if all members of Council are opposed to changing land use from R-1 under any scenario, why then should consideration be given to the rezoning? RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 6 Meeting DAY70N LEGAL BLANK Held August 21, 1995 19 Mr. Strip commented that Planning & Zoning Commission is a Committee which assists Council with their work. Council is the due process body, and Council has every right to override Planning & Zoning Commission. Due process can consist of a first reading at Council and Council can end the process then and there if they so desire. Mr. Smith responded that Council is the elected body that can make the ultimate determination, but there are property rights attached when someone acquires property and the government system prescribed under state law gives property owners the right to petition a legislative body to change the land use. Dublin has set up a system for review of rezoning applications whereby a citizen board reviews and makes recommendation to Council. Under the present system, Council is mandated to refer an application for processing. In order to make a good record and a good decision, staff provides information throughout the review process in place to assist Council. Mayor Campbell commented that planning commissions were originally set up so that anon-political citizen body could independently review rezonings and make recommendations to the political body who are subject to election pressures. Vote on the motion to refer - Mr. Strip, yes; Mrs. King, no; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. The ordinance was referred to Planning Commission by a vote of 4-1. Ordinance No. 81-95 - An Ordinance to Accept the Lowest/Best Bid for the Post Road Buffer Planting/Perimeter Drive Street Trees Project, Appropriating Funds Therefor, and Declaring an Emergency. ()First Reading) Mr. Strip introduced the ordinance. Mr. Foegler stated that at the time of the expansion of Metatec, the City entered into a tax increment financing agreement which triggered a variety of capital improvements in that area, one of which was the construction of the required landscaped mound. This ordinance provides for the landscaping portion of the bid. The mound is located on the south side of Post Road along the entire Metatec ~ development and proceeds along that commercial property which is being marketed and developed by Ruscilli. There is an additional ordinance before Council tonight as part of the T1F commitments - for the road construction, bikepath and mounding upon which the landscaping will go. He noted that the Finance Director made some modifications to the ordinance after the packets were sent out on Thursday. The revised version was distributed to Council this evening. 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 - Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes. Vote on the ordinance -Mrs. King, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. Stillwell, yes. Ordinance No. 82-95 - An Ordinance Accepting the Lowest/Best Bid for the Streets, Storm Sewer and Water Improvements Project for Perimeter Drive, Appropriating Funds, and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. Mr. Foegler explained that this is the second portion of the Metatec TIF and provides for the extension of Perimeter Drive to Commerce Parkway. He added that design is underway for a future extension of Perimeter across the property to the east which will link up with Coffman Road at its intersection with Post. This ordinance provides for street lights, bikepaths, and utility related improvements. Mrs. Stillwell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes. Vote on the ordinance -Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. King, yes. Ordinance No. 83-95 - An Ordinance Accepting the Lowest/Best Bid for FRA-257 Hard Road Intersection and Left Turn Lane Addition Project, Appropriating Funds and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Foegler stated that the timing of this project has been delayed by the issues with the right-of- way descriptions along Riverside Drive. The design is now complete and the bids have been RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 7 Meeting DAYTON LEGAL BLANK Held August 21, 1995 lg tabulated. Due to safety concerns about this intersection, the Engineering and Police Division have recommended that Hard Road be opened from Sawmill to the new high school and that the connection to Riverside Drive remain closed until the Hard Road/Riverside Drive intersection improvements are completed. Staff is meeting with the school district to resolve this matter. Staff requests that Council take emergency action on the ordinance this evening so that the project can proceed. Mr. Strip asked about the estimated timeframe for completion of the project. Mr. Foegler responded that due to the 20 week lead time on specialty poles and mast arms, he would estimate that the intersection would open in early January. Discussion followed about the options available to provide for temporary use of the intersection during the construction process. Mr. Bowman stated that temporary traffic signals would add significant cost to the project and would necessitate a separate contract. During the recent construction of the sanitary sewer along Riverside Drive, dangerous conditions resulted for workers and traffic patrol due to the high speed and volume of traffic along the roadway. The safety considerations would be the overriding factor in the ultimate decision. Mr. Foegler stated that staff will explore the options with the school system and report back to Council. Discussion followed about the possibility of having consultant engineers design and specify the poles and mast arms for projects so that they could be ordered ahead of time. The construction contract would then include the assembly. Staff will explore this option. Following further discussion, staff agreed to bring information back to Council regarding the costs associated with temporary signalization of the intersection. Mr. Strip 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. King, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes. Vote on the ordinance - Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes. Ordinance No. 84-95 - 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, to Repeal Ordinance No. 72- 95, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Smith stated that a memo has been provided to Council regarding this legislation. Staff was not satisfied with the first appraisal of the property which indicated that the pumps could not be relocated. Since that time, a second appraisal was done which included relocation of the pumps, allowing the bait shop to remain in business. The second appraisal is in the amount of $40,028.00, (g~$73,000 less than the first. The attorney representing the bait store has been notified of this legislation. The issue in this appropriation case will be whether or not they are grandfathered in the property. Legal staff recommends passage by emergency action due to the litigation underway. Mrs. Stillwell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mrs. King, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. Stillwell, yes. Vote on the ordinance - Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes. Ordinance No. 85-95 - An Ordinance Providing for the Issuance and Sale of $1,200,000 Notes in Anticipation of the Issuance of Bonds, for the Purpose of Paying the Property Owners' Portion, in Anticipation of the Collection of Special Assessments Heretofore Levied, and the City's Portion, of the Costs of Opening, Constructing and Improving in the City a Public Street to be Known as Muirfield Drive by Constructing a Four Lane Section with a Variable Width Grass Median from the Current Terminus Approximately 638 Feet North of the Intersection of Muirfield Drive with Sells Mill Drive and Mojave Street Northerly Approximately 3,650 Feet to the Current Intersection of Muirfield Drive and Brand Road by Grading, Draining, Paving and Installing Concrete Curbs and Gutters, Together with all Necessary Appurtenances, Including a Bikeway and Bikeway Underpass, Constructing Waterlines and Fire Hydrants, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK Held August 21, 1995 19 Sanitary Sewers and Storm Sewers, and Acquiring Real Estate and Interests in Real Estate Therefor, Together with all other Necessary Appurtenances, and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. Ms. Grigsby stated that a memo was submitted in the packet with detailed information on this ordinance and the four which follow. Three of the five relate to notes which mature in September x, and need to be reissued, and two relate to new projects -one for Metatec and the second for construction and reimbursement of the right-of--way costs associated with the Coffman/Dublin connector road. Staff is requesting emergency action so that bid notices can be sent out for September 12. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion -Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Vote on the ordinance -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Ordinance No. 86-95 - An Ordinance Providing for the Issuance and Sale of $530,000 Notes, in Anticipation of the Issuance of Bonds, for the Purpose of Paying Costs of Improving the Vehicular Transportation System in the City by Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Bikeways and Viaducts, Acquiring Real Estate and Interests in Real Estate Therefor, and Providing Lighting Systems and all other Necessary Appurtenances, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. Ms. Grigsby commented that the notes will be reimbursed entirely through TIF service payments. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. ` Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. King, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. ~ Kranstuber, yes. Vote on the ordinance -Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. King, yes. Ordinance No. 87-95 - An Ordinance Providing for the Issuance and Sale of $3,125,000 Notes, in Anticipation of the Issuance of Bonds, for the Purpose of Paying Costs of Improving the Vehicular Transportation System in the City by Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Bikeways and Viaducts, Acquiring Real Estate and Interests in Real Estate Therefor, and Providing Lighting Systems and all other Necessary Appurtenances, and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. ' Ms. Grigsby noted that in 1990, the voters approved the transportation authority, and this ordinance and the issuance of this debt meets the City's 10 percent requirement which therefore preserves the remaining approximately $28 million for future voted authority. Vote on the motion - Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mayor Campbell, yes. Vote on the ordinance - Mr. Kranstuber, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mayor Campbell, yes. Ordinance No. 88-95 - An Ordinance Providing for the Issuance and Sale of $6,500,000 Notes, in Anticipation of the Issuance of Bonds, for the Purpose of Paying Costs of Constructing, Furnishing and Equipping a Multi-Purpose Community and Recreational Center and Improving the Site Thereof, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance and moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mayor Campbell, yes. Vote on the ordinance -Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Kranstuber, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK Held August 21, 1995 19 Ordinance No. 89-95 - An Ordinance Providing for the Issuance and Sale of $220,000 Notes, in Anticipation of the Issuance of Bonds, for the Purpose of Paying Costs of Landscape Planting and Related Site Improvements in Easements of the City Abutting Post Road, Together with All Necessary Appurtenances, and Declaring an Emergency. (First Reading) ' Mrs. Stillwell introduced the ordinance. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Vote on the ordinance - Mr. Kranstuber, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes. Ms. Grigsby noted that Ordinance 90-95, amending the appropriations for 1995 will be scheduled for first reading at the September 11 Council meeting. Mayor Campbell noted that Ordinance No. 91-95 was dealt with earlier as a consent item. Ordinance No. 92-95 - An Ordinance to Authorize the City Manager to Enter into an Inducement Agreement with Ashland Chemical Company to Assist in Expansion of the Company's Dublin Facility, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance. Mr. Foegler stated that this ordinance authorizes the City Manager to enter into an agreement of intent to induce Ashland Chemical to expand their facilities in Dublin. The expansion would have an estimated value of $15 million, consisting of 125,000 square feet and will create approximately 300 to 350 new jobs. The elements of the agreement are as follows: 1. The City would provide certain infrastructure investment, including a $500,000 contribution to the State of Ohio's Rings Road widening project which expands the Rings overpass of 270 to a three-lane facility with bikepath and sidewalk. 2. In addition, this agreement provides that the City will consider intersection upgrades and landscaping improvements at the Rings and Blazer intersection. 3. The County Engineer anticipates widening the Rings Road bridge that crosses the stream just west of the Rings intersection with Blazer. This will allow for the widening of a left turn storage lane coming from the west and turning left onto Blazer. 4. The agreement also provides for the exploration of other kinds of landscape and streetscape improvements in those areas. 5. The inducement also provides for a waiver of the development fees and the Dublin portion of utility related tap fees. He noted that emergency action is requested from Council because of the timeframes for the location decision established by the parent company of Ashland. The state has already taken action to confum their inducements. Mrs. King praised staff for their partnership efforts with the State and other government entities to encourage business expansion. She would be interested in knowing the amount of tax money for the schools that a project such as this generates. Mr. Foegler responded that, on a basis of $1.75 per square foot for 125,000 square feet, the amount would be well in excess of $250,000 of total real property tax, 70 percent of which would belong to the schools. In addition, there would be a personal property tax increment over and above this on an annual basis. Mr. Strip commented that this is an example of development which enhances the quality of life of neighborhoods since it holds down taxes. It is a win/win -win for the City, win for the residents, and win for the City's good commercial neighbors. Mayor Campbell commented that good economic development sustains the economic health of the City for decades into the future, enhances the aesthetic beauty for the future, and provides for an enhanced quality of life for the future by funding recreation centers, road networks, intersections, bridges, parkland, etc. Allowing the businesses to stay in Dublin, to grow here, to come to Dublin will provide for an equal or enhanced standard of living far into the future for those who live in Dublin without tax increases. Mrs. Stillwell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK Held August 21, 1995 19 Vote on the ordinance -Mrs. King, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Mr. Foegler acknowledged Ms. Bearden for her efforts in coordinating the project. Mayor Campbell thanked Mr. Foegler and Ms. Bearden and all who have worked on putting the ' package together. He thanked Ashland Chemical for their willingness to reinvest in the City, and acknowledged the efforts of the Chamber's Retention & Expansion group. Mayor Campbell noted that Ordinance No. 93-95 was dealt with earlier as a consent item. Council Committee Reports Mr. Kranstuber, Public Services Committee reported that they met recently to review the David Road access to 161 issue. The residents have indicated their support of the four-lane boulevard design for 161 and want to leave the access as it is presently configured. Mr. Foegler added that the residents and the Committee endorsed the concept as originally designed which was without any other interconnection of -David Road to other areas. Staff is seeking a recommendation from Council to endorse the divided boulevard design concept with full turning movement at three signalized access points as previously identified to Council. Mr. Kranstuber moved acceptance of this recommendation on the current design concept for 161. Mr. Strip seconded the motion. Vote on the motion -Mrs. King, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Mr. Kranstuber also reported that discussion took place about the possibility of aCity-sponsored rezoning for the area, similar to what was done in the Tuttle Crossing West rezoning. The Committee will report back to Council on this at a later date. Mrs. King, Community Development Committee noted that Council had previously referred to Committee the issue of the proposed I-73 turnpike. New information is available on the turnpike route, and following review of the information, she may call a meeting of the Committee. Mr. Kranstuber commented in regard to proposed workshop dates that he had understood that board and commission interviews would be delayed until after the election. Mrs. Stillwell, Administrative Committee stated that her understanding had been that the Committee would go ahead and schedule interviews with candidates, but the appointments would be delayed until the new Council meets in January. The goal would be to expedite the process. She briefly discussed the pros and cons of waiting until after the election to begin interviews, and suggested that the Administrative Committee proceed with interviews for appointments to be made in January. She proposed the following changes to the schedule: 1. As previously discussed tonight, the September 11 Council meeting will be moved to 8 p.m. due to the Wendy's Three Tour opening ceremonies. 2. Move the executive session for land acquisition discussion from October 16 to September 18. Mayor Campbell noted that he will be out of town on September 18. It was the consensus of Council that all members should be present for the land acquisition session. 3. Schedule the executive session for land acquisition discussion for 6 p.m. on Monday, September 25, prior to the Charter workshop session. 4. Tentatively block out 6 p.m. on Monday, October 16 for an additional executive session for land acquisition (if needed). Discussion followed about the dates for board and commission interviews due to the fact that this is an election year and there may be new members involved. It was the consensus of Council to leave the board and commission interview dates as tentatively identified -November 15 and December 6. These can be adjusted later if necessary. they Post Road Elevated Water Tank Paintine Mr. Foegler stated that, based upon the favorable reaction to the Rings Road tank custom painting design, staff is proposing that design concepts be solicited from three architectural firms with reimbursement of expenses up to $1,000. The three proposals will then be reviewed by Council for final selection. Unless there is an objection from Council, staff will proceed. There was no objection from Council members. Waiver of Variance Fee for Dublin Commerce Park Mr. Foegler noted that staff had previously signed off on zoning compliance for landscaping at this site and it was later determined that the landscaping was deficient. Since the fees for variance have RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK Held August 21, 1995 19 increased substantially since that time, and because this resulted from an administrative error, staff is requesting a reduction of the fee from $1,320 to $50.00. Mr. Strip moved to grant the waiver. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Kranstuber, yes. Mayor Campbell noted that an executive session is needed to discuss legal and land acquisition matters. Mrs. Stillwell moved to adjourn to executive session for this purpose. Mr. Kranstuber seconded the motion. Vote on the motion -Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Strip, yes. Mayor Campbell announced that the meeting will not be reconvened following the executive session. Council adjourned to executive session at 9:45 p.m. Mayor - residing ice Clerk of Council