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HomeMy WebLinkAbout09/18/1995 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Held September 18, 1995 ig Vice Mayor King called the work session of Dublin Ciry Council to order at 7:00 p.m. on Monday, September 18, 1995. Staff Comments Mr. Smith reported: 1. A memo has been provided to Council regazding use of public funds for informational purposes for ballot issues. 2. The Police division has requested that reseazch be done regazding implementation of a loitering law to address problems being experienced at the AMC Theatre. A memo will be provided to Council for their review and for further direction to staff. Mr. Kindra noted that a temporary traffic signal has now been installed at Hazd Road and Riverside Drive and is operational. Ms. Jordan commented that staff is working to resolve the issues involved with the bikepath location and proximity to a large tree in Brighton Pazk as described by a resident at a recent Council meeting. Chief Ferrell reported that the newly installed "turtles" on 161 at Sawmill have helped with traffic control and improved safety at the intersection. Chief Bostic, Washington Township Fire Depaztment introduced the township Clerk-Treasurer Rosie Keaz who is running for re-election in November. Council Roundtable Mr. Zawalv commented as follows: 1. He suggests that the addresses for the Internet be as simple and similaz as possible for ease of access to City staff. 2. Asked about the reasons for the time delay in the City's joining the World Wide Web. Ms. Grigsby responded that the delays resulted from the need for additional hazdwaze and the information preparation from the Special Events division. The information services staff plans to have the system operational very soon and will test the system to ensure that Council members have access to the E-mail via the Internet. 3. The memo from staff regazding Shawan Falls acquisition dated August 10 was excellent, and he will be looking for a recommendation from staff in this regazd in the neaz future. 4. Noted that staff has sent a memo dated August 28 regarding the feasibility of a check-off on the tax form for refunds to be allocated as a contribution to blighted azea acquisition or greenspace acquisition. This is appazently not practical for the reasons explained in the memo. 5. Asked about the status of the fee waiver requested by the Dublin Baptist Church. Mrs. King noted that this item has been added to tonight's agenda. Mrs. Stillwell commented: 1. Thanks to staff for hosting a meeting with the Old Dublin Woods residents regarding the Hirth Road matter. The meeting was very productive and several alternatives are being explored. 2. At a future time, she and Mrs. King would like to share information from the Asheville conference they attended recently. 3. Congratulations to Ms. Puskazcik and all of City staff for their excellent efforts on the Three Tour Challenge. 4. A letter from John Ensign of MORPC regarding the recent focus group was contained in the packet. A futures planning group at MORPC will meet in eazly October to devise an action ~ plan for the next couple of yeazs. She thanked Council members for their participation. 5. She has information regarding the transportation enhancement grant process which she would like to present to Council at a future date. Mr. Stria noted: 1. He has sent a letter to Ms. Grigsby regarding the positive results of the audit of the Ciry which was recently completed. This speaks very well for Dublin's Finance division. 2. There is a constant backlog of traffic at Muirfield/Avery and Route 33 and he asked what plans aze in place to relieve this situation. Mr. Foegler indicated that the 1996 capital budget recommends two improvements in that area: a signalization of the ramps on the south side of the overpass and an improved signalization and left turn storage lane at the intersection of Shier Rings and Avery. Staff RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held September 18, 1995 19 will also be recommending an entire design study of the Avery Road overpass in 1996. 3. He has had complaints recently about dumpster trucks operating in residential areas at 6 a.m. and would be interested in sponsoring a noise ordinance if Council would support it. Mrs. King commented that a commitment was made at the time of the McKitrick rezoning that the City would investigate a noise ordinance. She would support such legislation. Mrs. Stillwell indicated that she would want to include other types of disturbances as well. ~ She has had some complaints about noise from her ward. Mr. Kranstuber stated: 1. He added his praise for Ms. Puskarcik's and all of staff's efforts with the Three Tour Challenge event. 2. The Dublin Garden Club planted perennials at the Coffman House and he requested that a letter be sent on behalf of Council to the group. He added that bed tax funds were used to purchase the materials, but the labor was provided by this volunteer group. The formal session of the Dublin City Council meeting was called to order by Vice Mayor King at 7:30 p.m. Mrs. Boring led the Pledge of Allegiance. Roll Call Council members present were: Mrs. King, Mrs. Boring, Mr. Kranstuber, Mrs. Stillwell, Mr. Strip, and Mr. Zawaly. Mayor Campbell was absent (excused). Staff members present included: Mr. Foegler, Mr. Smith, Ms. Grigsby, Ms. Clarke, Mr. Kindra, Ms. Jordan, Chief Ferrell, Ms. Bearden, Ms. Puskarcik, Mr. Coleman, Ms. Crandall, Mr. Johnson, Ms. Kennedy, and Ms. Ubbing. Aparoval of Minutes of the September 11, 1995 Meeting The clerk noted that the minutes have not been completed at this time. Vice Mayor King stated that approval of the minutes will be delayed until the October 2 meeting. ' Correspondence The clerk reported that there was no correspondence. Comments from Visitors Roy Lovell. 4980 Dublin Road asked for a status report on the sewer project. Mr. Foegler responded that apre-construction meeting is scheduled for next week. Mr. Lovell asked if an agenda item is reconsideration of the supervision of shaft 10 and shaft 11. Shaft 10 is on Dublin property and shaft 11 is on Columbus property. He understands that Columbus will supervise construction of shaft 10. He would prefer that Dublin supervise the Dublin shaft. Mr. Foegler stated that Columbus is supervising all of the project in Dublin's behalf by contract. The day-today construction management is being done by the City of Columbus. Mr. Kranstuber asked about the status of the sidewalk waiver and the service road issue. Mr. Kindra responded that Council's preferences have been communicated to Columbus, but there has been no change to date in the plans. Mrs. King urged Mr. Lovell to maintain contact with Mr. Hansley on these matters. Mr. Kindra invited Mr. Lovell to contact him directly as well. Mr. Lovell indicated that he would contact Mr. Joyce personally unless Council members objected. There was no objection from Council. The Dublin Coffman High School Marching Band officers and class representatives and Music Director Larry Faulk introduced themselves to Council. Mr. Faulk thanked the City of Dublin residents for the continued support of music in the schools. He announced that there will be five Community Appreciation Concerts this season, and the first will take place on Friday, September 29 at 5:45 p.m. on the Coffman House grounds. Council members thanked the band officers for attending the Council meeting, adding that they are looking forward to the upcoming band season. Lee Mendelsohn. 5298 Ashford Road addressed Council regarding the recent resolution passed by Council which authorizes the City to initiate the acquisition of the two gas stations in Old Dublin. Signatures have been collected in support of saving the Union 76 station, and they have 175 signatures to date. She advocates that Council separate the Union 76 property acquisition from the acquisition of the Marathon station. She would also request that Council keep a representative of the citizens apprised of the progress on the acquisitions. One of the aesthetic issues is the unkempt state of the parking lot to the north of the Union 76 station on High Street. She believes that this RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK Held September 18, 1995 19 could be worked out to everyone's satisfaction. The quality of service offered by the Union 76 station warrants that it be saved. Mrs. King urged the residents to continue to provide input on this matter to the members of Council and she encouraged the residents to become involved in the community plan process as well. Mr. Foegler commented that the resolution passed by Council did not effectively condemn the property and initiate the taking process. Instead, this resolution declazed the intent to acquire the ' properties and authorized negotiations with the property owners. The only additional action then needed if agreement is reached would be to appropriate the funds for the purchase. Ms. Mendelsohn asked if the two gas stations could be sepazated. Mr. Foegler responded that Council certainly has that option, but the current policy indicates Council's support of acquisition of both. Mr. Strip indicated that Council has merely authorized staff to investigate the purchase of the properties and legislation would follow with three readings and lots of opportunity for public input. Marge Rosher. Chairperson of Tree and Landscape Advisory Commission stated that she has been very involved over the past 5 yeazs with the Coffman House gazden project. Funds have been donated from the City for the gazden and for the landmark tree preservation program. She has been made aware that plans aze underway to realign the Coffman Road widening which will result in the loss of a lazge black walnut tree. The Gazden Club spent 3 hours on Saturday morning planting perennials at the Coffman House. She is very concerned that the Tree & Landscape Advisory Commission, the Dublin Garden Club, and the Dublin Historical Society were not told about plans to move the roadway. She introduced Millie Sliclen, Dublin Gazden Club President and Bill Sherman who helped to design the garden plots. Mr. Foegler responded that the right turn storage lane on northbound Coffman for turning movement onto Emerald Pazkway will impact the Willow Grove property significantly. Options aze being explored to reduce this impact, including nazrowing the lanes or moving the roadway to the west resulting in removal of the landmazk tree. Phone calls were made today to notify the Tree & Landscape Commission and the Historical Society about a meeting tomorrow night with Willow Grove to discuss the alternatives. Vice Mayor King noted that the Brighton Pazk agenda matter is scheduled to be discussed between 8:00 and 8:15 p.m. and she suggested that Council proceed with this discussion. Brighton Park Rezoning Text Clarification Pertaining to Fence Restrictions Mr. Foegler noted that a memo has been provided to Council from the Law Duector and the Planning Department about this matter. At the time of rezoning of Brighton Park, a condition was imposed and accepted by the applicant relating to the implementation of fence standards similaz to those in Indian Run Meadows. The specific language within the condition made reference to imposing deed restrictions or covenants similar to those. The Indian Run Meadows restrictions were actually part of the zoning text and therefore have the weight of zoning. The language in the Brighton Pazk condition referenced these regulations as covenants or deed restrictions, and therefore were not incorporated into the zoning text. Staff should have clarified this at the time. Provisions for a homeowners association were established, however, an association has never been activated and no funding has been established. There is reference in the declazations to requiring fence approval, but no delineation of what those standards aze. Several options have been identified in the memo, and administration would suggest that if Council desires to address fencing throughout Dublin, staff would recommend that Council consider an ordinance amending Chapter 1309 of the Dublin Code to make the fence standazds consistent with those of Indian Run Meadows. Staff would also advocate working with Mr. Ruma to set up mechanisms to enforce proper regulations. Mr. Smith noted that he would support addressing fencing regulations generically City-wide as stated by Mr. Foegler. " Mr. Zawaly stated that it would be difficult to amend the zoning text. This is a classic situation where the developer verbally committed to enforce via deed restrictions what the intent of Council was in this regazd. Mrs. Boring asked if the City has deed restrictions on file for the residents to review. Mr. Zawaly responded that even if the City has them on file, the City is unable to enforce the deed restrictions. Mr. Foegler added that the building permit window has information available regazding homeowners associations and applicants aze encouraged to contact those associations regazding any design development review standazds or covenants in place. Mr. Zawaly maintained that in this case, the developer has "dropped the ball" and now the City is RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held September 18, 1995 lg in the position of trying to resolve the situation. In response to Mr. Kranstuber, Mr. Foegler stated that staff should have explained to Council the implications of deed restrictions versus zoning text restrictions at the time of rezoning. Secondly, staff should have verified during the platting process that the appropriate covenants and deed Po restrictions were recorded with the plat. Mrs. King agreed that the developer did not follow through with the zoning condition by including ~x the fencing regulations in the deed restrictions. Mr. Strip commented that this matter must be resolved within the neighborhood with the developer and the association. Although Council may wish to resolve this, the legislative process was completed four years ago. Mr. Kranstuber noted that he believes the Ciry bears some responsibility for this situation. Mr. Foegler pointed out that even had the condition been followed, the covenants been installed per Indian Run, that had the Association been active, the City would still have issued the permit in the same fashion. Mr. Zawaly maintained that this is not a Council matter, that this is a matter which should have been handled by the developer and by the Association. Mrs. Stillwell commented that she believes fencing should be addressed at a broad level across the City. Staff has recommended that the Law Director's office request that the developer address the fencing issues, and she wonders if the City can require that the developer address these issues on behalf of the residents of Brighton Park. Mr. Smith responded that the 80 homeowners have some ability to enforce their own private deed restrictions. The City can bring this to the developer's attention, but he would not recommend , getting in the middle of this type of litigation. Mrs. King expressed her disappointment that there is no way for Council to enforce a policy which was set. Council's vote for the rezoning was contingent upon the developer's willingness to carry through with his commitments. Mrs. Stillwell suggested that the Law Director meet with Mr. Ruma to resolve this matter. She asked what will happen with the existing fences and the pending fence permits. Mr. Foegler responded that there is no existing zoning violation for those installed. Some of those pending have a setback problem regardless of the deed restriction. The City will issue permits that comply with the City's zoning requirements. The staff provides notice to the applicant that there are regulations in some subdivisions regarding design development standards. Further discussion followed about the process for amending the deed restrictions by the homeowners. Tony Devito. 5567 Barney Drive stated that he wants a privacy fence. Before he purchased his home, he was not told that a 6-foot privacy fence would be prohibited. He purchased his home from a builder not from the developer. Since there are two existing fences in the subdivision and since he assumed that they were permitted, why should he now have to live with the consequences? Mrs. King responded that this is a private matter between him and the other members of the association. Mr. Devito stated that if the City issues permits, the City should then can then police the matter as well. Mr. Zawaly pointed out that the deed restrictions are dated April of 1993 and Mr. Devito should have been aware of those deed restrictions at the time of purchase. a. Mike Baker. 5551 Barney Drive stated that the intent of Council in 1991 was for Mr. Ruma to impose deed restrictions for the homeowners association to enforce. There are other areas where Mr. Ruma has not followed through. He believes the solution lies in the activation of a homeowners association; that Council should enforce what their intent was; and that perhaps the existing fences could be treated as anon-conforming use. Mr. Baker confirmed that there have been no assessments for a homeowners association as outlined in the deed restrictions. Mr. Zawaly asked hypothetically, if the developer had done what had been requested by Council, and if an association was in place and properly funded, would Mr. Baker be looking to the association to take legal action to enforce the deed restrictions and to have the current fences RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK Held September 18, 1995 ig eliminated? Mr. Baker responded that had there been a homeowners association in place, the fences would not have been constructed. He would be now looking to the association to enforce the restrictions. Iim Allen. 5610 Wilcox Road stated that when they moved into their house, he believed that their deed restrictions prohibited chain link or stockade fences. Picket or split rail fences were not listed. He has applied for a fence permit for a picket fence, but it was disapproved by the City. Brighton Park is a rapidly growing subdivision of tract homes. They would like to build a picket fence to protect their children from a neighborhood dog. If it was left up to the developer to enforce this, why was it the homeowner's responsibility to contact the developer? Mrs. King responded that it is standard practice for a PUD to establish a homeowners association and for that association to be operated by the developer until at least 50 percent of the homes are occupied by buyers. After a nucleus of homeowners exist, they take over control of the association. In this case, it was not done correctly, and she is unwilling to allow this developer to operate without correcting the situation. Mr. Zawaly pointed out that the amendment process for the deed restrictions calls for a written instrument to be executed by 75 percent of the homeowners. Mr. Allen pointed out that he does not see stockade fences in other parts of Dublin and wonders why they were permitted in Brighton Park. Mrs. Allen commented that their fence permit was disapproved because of this controversy over the fence restrictions. Mr. Kranstuber acknowledged that staff had put fence permits on hold until the issue was resolved at Council. Mrs. King urged the homeowners to contact Mr. Ruma in regard to their fence permit since the homeowners association must approve the design. Mr. Baker commented that three different home builders are represented here and each told the buyers different things about fences. Mr. Zawaly noted that upon reading further into the deed restrictions, he finds that the amendment process cannot take place until after 2013 unless there are enough lot owners to constitute control of the association. Mr. Kranstuber added that this points out another example of why private entities should not do public functions -people expect to get these answers at City Hall. Mr. Zawaly moved that the Public Services Committee, with the assistance of staff, consider and make a recommendation for the feasibility of a new fence ordinance in Dublin. Mr. Kranstuber seconded the motion. Mr. Strip asked for clarification that this would be to study the feasibility, not to propose a new fence ordinance. Mr. Zawaly agreed. Mr. Strip suggested that other cities and suburbs of Dublin's size be contacted to see how they handle these matters. Mrs. Stillwell commented that perhaps the Community Development Committee would be a more ° appropriate body to review this. Mr. Zawaly agreed. Mrs. Boring commented that this would be a similar issue to the appearance Code which would fall under the Community Development Committee purview. Mr. Zawaly amended his motion that this matter be referred to the Community Development Committee. Mr. Kranstuber seconded the amended motion. Vote on the motion -Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mr. Zawaly, yes. Mrs. Stillwell moved to have staff meet with the developer to resolve the issue and report back to Council. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK Held September 18, 1995 19 Mr. Zawaly seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. King, yes. Mrs. Stillwell added that, pending the result of this meeting, Council can then take further action. She would reserve the right to recommend some future action on this matter. x - Brief discussion followed regazding enforcement of zoning conditions. Mrs. King urged the residents to keep in contact with Council and staff regazding this issue. Council Roundtable (cont.) Mrs. King: 1. Thanked staff for their prompt installation of the temporary signal at Bard Road and Riverside Drive. 2. Noted that she has been working with staff to resolve a ditch issue on Wilcox Road in front of Mr. Tiberi's house. The ditch is steep and difficult to mow safely, and she is requesting a letter from the City Manager to Mr. Tiberi regazding: 1) can the slope of the ditch be modified to make it safe to maintain; (2) whether or not there aze funds appropriated as part of the annual CIP for ditch enclosure; (3) whether or not it would be appropriate to have this project pursued under those funds; and (4) what ordinance gives a private property owner the responsibility to maintain a public ditch in the public right-of--way? She would appreciate a prompt resolution of this from staff and asked that Council be copied on the response. 3. There aze a number of properties within the City that still have old township zoning classifications. There are areas south of Post, north of 33, east of Avery, west of 270 that are still zoned Limited Industrial. She proposes that the City initiate a rezoning on all the parcels within that area to perhaps Suburban Office to remove some of the uncertainty and to foster the type of development envisioned for the azea. She clarified that only the LI parcels would be included unless there are other areas with equally outdated classifications. Mrs. King then moved that all land south of Post Road, north of 33, east of Avery and west of 270 that is currently zoned Limited Industrial or other township zoning classification be proposed for rezoning through aCity-sponsored rezoning to Suburban Office. Mr. Strip seconded the motion, suggesting that a staff review be provided before a rezoning is initiated. Mrs. King accepted the amendment. Mr. Foegler stated that staff will review the area and identify the zoning classifications. Mrs. Stillwell suggested that the Post Road residents be provided with an opportunity to comment prior to presentation of a rezoning to Council. Mrs. King agreed, and asked that contact be made with all of the landowners impacted by this. A city-sponsored rezoning would be financially advantageous for the landowners. Mr. Strip seconded the motion as amended. Mr. Zawaly asked if this would affect any currently pending rezonings such as the SuperAmerica rezoning. Mrs. King responded that it is not intended to affect it. Mr. Foegler stated that aCity-initiated review and rezoning process would take many months. Mrs. King clarified that her intent is to address parcels other than the SuperAmerica pazcel. Mrs. King amended her motion to exclude any parcels involved in pending rezonings. Mr. Strip seconded the amended motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. , 4. Mrs. King asked that staff respond to Mazge Rosher's and her own request about the traffic signal needed at Glick and 745. Mr. Foegler responded that staff has sent correspondence to the state about this matter and will follow up. Mrs. Stillwell noted that Mr. Dobbs of the Dublin Baptist Church is present for an item under "Other" and suggested that this item be moved up on the agenda ahead of the legislative portion. There was no objection from Council. Discussion of Fee Waivers for Dublin Baptist Church Mr. Foegler stated that the City has received a request from the church asking for some relief from the water and/or sewer service chazges imposed in terms of tap fees and capacity chazges for the proposed expansion of the church. He noted that the fees estimated by the applicant's engineer aze incorrect -the $29,405 figure should be $26,732 and the sanitary capacity chazges for the Dublin RECORD OF PROCEED[NGS Minutes of Dublin Ciry Council Meeting Page 7 Meeting DAYTON LEGAL BLANK Held September 18, 1995 19 portion in 1995 is $27,627. The water and sewer capacity chazges and user fees are included by reference in the MSI study, and staff believes that the provision for waiver in the MSI ordinance applies and therefore the applicant was made awaze of this opportunity. The specific provision in the ordinance provides that fees can be waived for economic development opportunities as an incentive or in the case of undue hazdship. Staff has indicated that Administration is not recommending approval of this fee waiver, consistent with previous requests for waiver. Staff has concerns about setting a precedent for establishing fee waivers for tap chazges which could become difficult to consider in the future. The fee contemplated here is fora 3-inch line, and the basis for the fee waiver is that the only time the peak demand would exist would be on Sunday. Staff s concern is that this is a capacity charge, and those charges are based on what the peak demand is for many different types of users. The fact that the usage will be less on the remaining 5 or 6 days will result in a lower quarterly user fee. Fee waiver requests from other entities such as the Dublin schools, the township fire department have been previously not supported by staff. Following review of the provisions for fee waivers, Mrs. King noted that the ordinance requires that the City Manager recommend a waiver. There seems to be a procedural issue here. Mr. Strip noted that the waiver is to be voted upon at the Council meeting following the recommendation for waiver from the Ciry Manager. Jim Dobbs. Chairman of the Trustees of the Dublin Baptist Church stated that there aze discrepancies in the numbers due to a 10 percent overhead fee included by the contractor. They have compazed their usage to a similaz 55,000 square foot building occupied by a business for a 40-hour week and believe the fees should be less for the church. He recognizes there is a capacity factor involved as well. Mr. Strip asked what size of fee waiver the church is requesting. Mr. Dobbs responded that the total fees involved aze $54,359 and they aze seeking any type of relief from the fees. Mrs. Stillwell asked if they have approached Columbus for a waiver for the same reasons. Mr. Dobbs responded that they have not. Mr. Foegler stated that staff has indicated to Mr. Dobbs that Columbus has a cleaz policy that they do not make exceptions to tap fees. Mr. Strip asked how Council will then deal with waivers requested by other churches being constructed in Dublin. Mr. Dobbs responded that the rates are azbitrazy and do not take into account usage. Another church could make the same case for relief based upon usage. They aze asking to be treated differently not because they are a church, but because their use of water and sewer service will be much less. Mr. Strip stated that the chazges would then be based upon usage and not upon capacity which is the basis for the structure of fees. Mr. Kranstuber commented that he believes it is within Council's power to declaze this a hazdship if they see fit. It does not necessazily set a precedent which Council must follow in the future. Mrs. King noted that the ordinance does not define a hardship. Technically, a hazdship waiver cannot be granted under the ordinance unless it is recommended by the Manager. Mr. Smith does not believe this technicality prevents Council from considering the request tonight. There should be some criteria established for hazdship waivers. Mrs. Boring noted that this church has been through an extremely long rezoning process and in fact hired a second architect during the process. Thus, she sees a potential hardship case, since the fees have increased for water and sewer since the rezoning process was initiated. Mr. Foegler responded that the sewer capacity charges in 1994 would have been $4,000 less and the water capacity chazges would have been the same. In 1993, the water chazges would have been $2,7001ess and the sewer charges would have been an additional $4,000 less. Mr. Zawaly commented on the rezoning process, stating that he does not see this as a hazdship for the applicant. Council expects the Commission to do their job well and this involves a rigorous process at times. In this case, the process worked and the final product is a much better project. He is also aware that St. Brigid Church will be bringing a new school and educational center project and they may then expect relief as well. He sees this as a taxpayer issue and he does not see RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK Held September 18, 1995 19 hardship. A good precedent must be established in this case. Mrs. Boring agreed, as noted by the applicant, that the resulting project was of better quality. The issue remains that the length of time for the process was unexpected, thus delaying the application for tap fees. Mr. Strip stated that he would personally have no problem in granting relief if Council establishes a separate tier for religious institutions. To pick and choose, however, would create problems and -3 it should be done for all or none. Mr. Smith noted that setting up classes of groups for fee waivers would create constitutional problems in terms of legislating policies for religious institutions. Mrs. Stillwell agreed that standards have been established and it is fair to treat all equally. Mrs. Boring suggested a $4,000 reduction of fees based on the fees in place at the time they began the rezoning process. Mr. Zawaly stated that this could establish some precedent in fixing fees based upon the beginning of the rezoning application. He believes a valid azgument could be made here. Mrs. Boring moved that the water and sewer capacity chazges levied upon this application be those in effect in 1994 resulting in a $4,000 reduction of fees from the 1995 fee levels. Mr. Kranstuber seconded the motion. Mr. Zawaly commented that he has some hesitation in voting without input from staff on the implications of this waiver. Council must be aware that they aze setting a type of precedent. Mr. Foegler stated that the other waivers granted to date under the MSI fee ordinance related to appeals fees or permit fees in cases where staff felt the City had some responsibility for the delays. It has not been done for sewer and water fees. He added that in the very few cases where Council has modified or waived the tap fees, Council has taken action to protect the integrity of the water and sewer funds by requiring that income tax funds generated from a project be earmazked to reimburse. In this case, the standazd from the previous yeaz is being applied and fees aze not actually being waived so this policy would not apply. Mr. Zawaly asked what Mr. Foegler's recommendation would be in this case. Mr. Foegler responded that he is not clear about the nature of the delays for the rezoning, but if in fact there was some level of City responsibility that resulted in a longer than reasonable process for this development, that would be specific enough of a reason. Mr. Dobbs commented briefly on the problems encountered during the rezoning process. He had done everything requested by staff and had staff's recommendation of approval at Planning Commission. The Commission established a subcommittee to try to work through the issues, three sepazate hearings were held at the Commission, and all of these delays resulted in cost increases. Mr. Zawaly commented that based upon the testimony tonight, he will vote in favor of this waiver due to the nature of the specific circumstances of this application. Vote on the motion - Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. King, yes. Legislation 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 until September 18, 1995) Mrs. Stillwell reported that she would like to keep this on the table until the October 2 meeting. At that point, the agreement will be brought to Council for a vote. She has been working with the ~K ' residents on this matter. Mrs. Stillwell moved to table this until October 2, 1995. a Mr. Strip seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Strip, yes; Mrs. Stillwell, yes. 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. (Third Reading) Mrs. Stillwell asked about the amount of the premium and from what account this will be paid. Ms. Grigsby stated that the premium would be paid from the insurance account, but she does not have the exact figures. The bonds are set at $250,000, so the cost is minimal. Ms. Crandall reported that there will be no cost to the City this fiscal yeaz, and the amount will be reflected in the 1996 budget to be presented to Council in November. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 9 Meeting DAYTON LEGAL BLANK Held September 18, 1995 ig Vote on the ordinance - Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Kranstuber, yes. 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. (Third Reading) There was no additional information from staff. Mrs. Stillwell asked why indigents are treated as a separate class in this ordinance. Mr. Smith responded that this is required under state statute, and alternate arrangements are made for those determined to be indigent. This provision has never been used in Dublin. Vote on the ordinance - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mrs. Boring, yes. Ordinance No. 9495 - An Ordinance Authorizing the City Manager to Enter into a Cooperative Agreement Between the Ohio Department of Transportation and the City of Dublin, Ohio for the Bridge Deck Widening at Rings Road Over I-270. (Second Reading) Mr. Foegler stated that this contains a standard cooperative agreement between the City and ODOT which provides for the Ciry to contribute the difference in cost between the proposed deck replacement ODOT had contemplated for the Rings Road overpass at I-270 and a widening of that overpass to the City's standards with regard to athree-lane, bikepath and sidewalk construction. The cost to the City will be $500,000. There will be a third reading of the ordinance at the October 2, 1995 Council meeting. Ordinance No. 95-95 - An Ordinance Accepting the Lowest and Best Bid for M.L. "Red" Trabue Nature Reserve -Phase 2/ Earlsford Bikepath Connector. (Second Reading) Ms. Jordan stated that staff is requesting emergency action on this ordinance at the time of third reading in order to complete construction by December 1. She then described the location of this bikepath connector. Mrs. King asked about the status of the map showing the missing links of the bikepath. Mr. Foegler responded that staff is coordinating a meeting date with the Service Committee for this presentation in October. There will be a third reading of the ordinance at the October 2, 1995 Council meeting. Ordinance No. 96-95 - An Ordinance Accepting the Lowest and Best Bid for Road Salt and Authorizing the City Manager to Enter into a Contract Governing the Procurement of Said Salt. (Second Reading) There was no additional information presented on this ordinance. There will be a third reading of the ordinance at the October 2, 1995 Council meeting. Ordinance No. 99-95 (Amended) - An Ordinance Amending Ordinance No. 2490, Griggs Reservoir Lease Agreement, and Authorizing the City Manager to ~ecute a License Agreement. (Second Reading) Mrs. King noted that an amended version of this ordinance was presented to Council tonight. Ms. Jordan explained that the amendment involves Section 2 where the payment of a license fee of $5,500 was eliminated since those fees would be paid to the City of Columbus as the property owner. The ordinance provides additional parking spots for the Kiwanis Riverway Park and handicapped ramp access to the park and at the same time provides parking for the Neat Nests project along the river. There will be a third reading of the ordinance at the October 2, 1995 Council meeting. Resolution No. 22-95 - A Resolution Accepting the Amounts and Rates as Determined by the Budget Commission and Authorizing the Necessary Tax Levies and Certifying them to the County Auditor, and Declaring an Emergency. (Second Reading) Ms. Grigsby noted that the ORC requires that this resolution be adopted and file with the county auditor's office by October 1. Staff is requesting adoption by emergency to comply with the State's timeframes. Mr. Strip moved to waive the three-time reading and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Vote on the resolution - Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mr. Strip, yes. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 10 Meeting DAYTON LEGAL BLANK Held September 18, 1995 ig Resolution No. 25-95 - A Resolution Adopting a Visioning Statement for the Community Plan. ()First Reading) Mrs. Stillwell introduced the resolution. Ms. Clarke stated that the Chairman of the Steering Committee for the Community Plan, Dave King, and staff coordinator Lisa Fierce plan to address Council on this matter at the second reading on October 2. Mrs. Stillwell commented that the document is dated September 14, while the reference in Section 1 of the ordinance is September 12. Mr. Zawaly commented that he has had difficulty with exactly "what" the vision is after reading the statement several times. He will be looking for more information prior to the vote upon this resolution. Resolution No. 26-95 -A Resolution Authorizing the City Manager to File an Application and Enter into an Agreement with the Ohio Department of Transportation for the Purpose of Acquiring Funds Through the Transportation Enhancement Program for the Landscaping of the I-270 and US 33/SR 161 Interchange, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the resolution. Mr. Foegler stated that this is a resubmission of a request to obtain federal funding for this project. He apologized for bringing these resolutions to Council which require emergency action, and staff will bring these to Council earlier in the process in the future. Mr. Strip noted that following discussion with Mr. Foegler of some issues raised in a memo to Council earlier today, he is now comfortable with voting in favor of the resolution. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Boring, yes; Mrs. King, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes. Vote on the resolution - Mr. Zawaly, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes. Mrs. King asked if endorsement letters accompanying the application would be helpful. Mrs. Stillwell responded that letters of support would probably be helpful and asked that Council be copied on the letters. Resolution No. 27-95 - A Resolution Designating the City Manager to Act as the City's Official Representative and Authorizing the City to File Multiple Applications and Enter into Agreements with the Ohio Public Works Commission for the Purpose of Acquiring Grant Funds Through the State Capital ImprovementProgram/Local Transportation Improvement Program, and Declaring an Emergency. (first Reading) Mrs. Stillwell introduced the resolution. Mr. Foegler explained that state funding is being sought for the Coffman Road widening from Brand to Perimeter and the Perimeter Drive extension to Coffman Road, for the Frantz Road/SR 161/Post Road intersection improvements and for Emerald Parkway between Coffman Road and Dublin Road - Phase II. These applications are consistent with the City's capital improvements budget in terms of dollar amounts. Staff is requesting approval of this resolution by emergency action. Mr. Zawaly 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. Zawaly, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Strip, yes. Vote on the resolution -Mrs. Boring, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mr. Kranstuber, yes. Ordinance No. 100-95 - An Ordinance Vacating a Sanitary Sewer Easement in Reserve A of Shamrock II. . Mr. Strip introduced the ordinance. Mr. Foegler stated that this ordinance provides for the vacation of a sanitary sewer easement since the sanitary sewer was rerouted with the Safety Solutions construction. Mr. Zawaly asked if there are any safety concerns involved or any residual liability for the Ciry. Mr. Foegler responded that most of the sewer line was removed and the rest was filled with concrete to guard against infiltration. Vacation of the public easement eliminates any public interest in this private property. There will be a second reading of the ordinance at the October 2 Council meeting. Ordinance No. 101-95 - An Ordinance Authorizing the Replacement of the Roof, Rooftop HVAC Units and Related Systems/Equipment and Phase One Installation of Screening for Rooftop Units for the 5800 Building, Waiving Competitive Bidding Requirements, and RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK Held September 18, 1995 19 Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Foegler stated that the 1995 budget appropriated $185,700 for parking lot improvements at the 5800 Building. A memo was sent to Council recently stating that staff was evaluating whether the roof system could last until 1996. Due to the condition of the roof and the need to preserve the property, staff is recommending that bidding be waived and that dollars be reappropriated for the i roof repairs. It is also recommended that the HVAC mechanicals on the roof and Phase 1 of the roof top screening be installed simultaneously to minimize the impact on the new roof. Staff is requesting that Council have a first reading tonight, and staff will bring a summary and tabulation of quotes taken and recommendation of award. Mr. Strip asked if funds are set aside for the 5800 Building for next year. Mr. Foegler responded that those funds are in the capital budget adopted by Council. Staff will be requesting emergency action at the October 2 meeting. Mr. Strip added that information is to be provided about the screening figures -his concern is how many phases there are and the grand total. Mr. Foegler responded that the structural systems to support the future screening system will be installed now. Staff will provide further information for the next reading. OTHER Public Easement and Dedication Plat for Villages at Heatherstone Mr. Foegler stated that this is a mechanism to transfer the public easements for the sanitary sewer and some additional roadway dedication associated with this residential development located just east of Perimeter Lakes apartments. Mrs. Stillwell moved to accept the plat. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. Council Committees Mr. Zawaly, Charter Review and Revision Commission stated that they will meet on Wednesday at 6:30 p.m. to review the suggestions made by Mr. Gotherman and Judge Close. He hopes to have information prepared for Council to review on September 25. Mrs. King, Community Development Committee stated that the Committee will meet on Wednesday, September 27 at 7:30 a.m. She requested that, if possible, staff provide information to the Committee on the proposed motion for the City sponsored rezoning discussed tonight. Mr. Foegler agreed to bring zoning maps to verify the areas involved. Mrs. Stillwell, Administrative Committee stated that the Committee will meet on September 27 immediately following the Development Committee. Mr. Kranstuber, Public Services Committee stated that they will meet in mid-October to discuss bikepath prioritization and budget implications. He asked about the status of the Muirfield maintenance agreement which was discussed with the Committee some time ago. Mr. Foegler responded that Mr. McDaniel has met with Larry Holbrook of the Muirfield Association and they have identified the remaining issues. Mr. Kranstuber asked that Mr. Foegler check on the status and report back to him as Public Services Chairperson. If necessary, the matter can be reviewed again by the Committee. , The meeting was adjourned at 10:35 p.m. Vice Mayor -Pre ' ing Officer Clerk of Council