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HomeMy WebLinkAbout05/04/1992 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK C FORM N 1 1 Hel 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Jan Rozanski at 7:30 p. m. on Monday, May 4, 1992 and Mr. Kranstuber led the Pledge of Allegiance. Members of Council present for roll call were: Mr. Strip, Mayor Rozanski, Mr. Kranstuber, Mr. Sutphen and Mr. Amorose. Mr. Campbell arrived at 7:40 p. m. and Mrs. King arrived at 7:45 p. m. . Mr. Hansley, City Manager, and Mr. Stephen Smith, Law Director, were also present. Mr. Kranstuber moved to approve the minutes of the Apri16, 1992 meeting. Mr. Sutphen seconded the motion. Vote on the Minutes - Mr. Amorose, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes. Mr. Strip moved to approve the minutes of the April 13, 1992 meeting. Mr. Amorose seconded the motion. Vote on the Minutes - Mr. Kranstuber, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Sutphen, abstain. Mr. Amorose moved to approve the minutes of the April 20, 1992 meeting. Mr. Kranstuber seconded the motion. , Vote on the Minutes -Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, abstain; Mr. Amorose, yes; Mr. Kranstuber, yes. Correspondence There was no correspondence to Council. Comments from Visitors There were no comments from visitors. Legislation Ordinance No. 20-92 - An Ordinance Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield Village During the Annual Memorial Tournament. Third Reading Chief Ferrell announced that a flier will be distributed to all school children regarding traffic safety during the Tournament. Mr. Sutphen asked if it would be possible to have a temporary flashing sign during the Tournament week in the area of Scottish Corners Elementary to alert motorists to the school area. Chief Ferrell responded that the Tournament officials will be placing signage there for patrons to remind them of the school zone. He agreed that a flashing light would also be helpful. Mayor Rozanski asked about the status of signage for the crosswalk at the intersection of Sells Mill and Muirfield Drive. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK F M Hel 19 Page 2 Mr. Sutphen responded that this was discussed at the Service Committee meeting this " morning. The mound is being removed at this time, and the signage will probably be out for bid in approximately two weeks. The Service Committee will monitor this timetable. There is a remote possibility it will be completed before school is out. Mr. Hansley stated that the project must first be designed, then go to bid, and bids would have to be awarded. It is very unlikely it would be complete before school is out, given this timetable. He confirmed that all of the in-house work is underway and will be finished within two weeks. Mr. Strip moved to treat this as emergency legislation. Mr. Sutphen seconded the motion. Vote on the Motion -Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes. Vote on the Ordinance - Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mayor Rozanski, yes. Ordinance No. 21-92 - An Ordinance Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield Village During the 1992 United States Amateur Golf Championship to be Held at the Muirfield Village Golf Club. . Third Reading. There were no comments on this Ordinance. Vote on the Ordinance -Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mr. Amorose, yes. Ordinance No. 22-92 - An Ordinance Authorizing the City Manager to Enter Into a Contract for the Housing of Prisoners with the Delaware County Board of Commissioners. Third Reading. There were no further comments. Vote on the Ordinance - Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Ordinance No. 27-92 - An Ordinance Establishing a Purchasing Preference for Products Derived from Recycled Yard Waste. Third Reading. There were no further comments. Vote on the Ordinance - Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Strip, yes. Ordinance No. 30-92 - An Ordinance to Authorize the Establishment of the Park Development Fund. Third Reading. Mr. Amorose moved to table this Ordinance for two weeks to allow more time for modification of the Ordinance by Mr. Smith, Ms. Grigsby and himself. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO., F RM N 1 1 Hel 19 Page 3 Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Campbell, yes. Ordinance No. 36-92 - An Ordinance Accepting the Lowest and Best Bid for Sign Shop Materials. Second Reading. Mr. Hansley stated that Mr. Harding has a report to Council regarding the issue of free ink to be supplied by the vendor. Mr. Hansley requested that Council hold this over until Mr. Harding arrives at 8 p. m. Mayor Rozanski stated that Mr. Harding can give his report under the "Comments from Staff' portion of the agenda. The Ordinance is scheduled for a third reading at the May 18, 1992 Council meeting. Ordinance No. 37-92 - An Ordinance Accepting the Lowest and Best Bid for the Construction of the Dublin Justice Center. Second Reading. Mr. Hansley had no further comments on this Ordinance. Mr. Strip commented that the language in the Ordinance should be consistent in referring to the building as the "Dublin Justice Center" and not the "criminal justice center". The Ordinance is scheduled for a third reading at the May 18, 1992 Council meeting. Ordinance No. 39-92 - An Ordinance to Accept the Lowest and Best Bid for the Wilcox Road Realignment/1~ttle Road Extension Project. First Reading. Mr. Sutphen introduced the Ordinance. Mr. Hansley stated that Jim Olausen, Acting City Engineer, and Steve Mack, consulting engineer for the City, are here to answer any technical questions regarding the project. Mr. Smith will comment regarding legal issues. Mr. Hansley added that, due to the anticipated bid date, staff will most likely be requesting Council consider adoption as an emergency on the third reading. Franklin County Engineering office is providing $300,000 assistance in funding for this project, so it is important to keep this on track. Mr. Sutphen asked why staff was recommending a bid of 100 percent asphalt in lieu of a concrete base with asphalt overlay. He noted there would be only $54,000 in savings with the change. Mr. Hansley responded that the spec was changed to allow either/or, and deferred to Mr. Olausen on the technical issues. Mr. Sutphen commented that the Service Committee as well as Council as a whole has previously endorsed concrete base with asphalt overlay for street paving. Mr. Hansley agreed that this has been discussed, but there has been no official policy adopted by Council except to direct staff to adopt it as an alternative. It can be bid either RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK R Hel 19 Page 4 way, but Council, at its discretion, can reject any of the bids which are strictly asphalt and accept those with concrete and asphalt overlay. Mayor Rozanski asked why staff is recommending asphalt over concrete. Mr. Olausen commented that either type is acceptable. The recommendation was clearly based upon the cost difference between the two alternatives. He stated that on this particular road, on the outskirts of the City, there will not be a great amount of truck traffic over the life expectancy of the surface. Discussion followed regarding the axle loads supported by the various thicknesses of concrete and asphalt. Mr. Olausen stated that a thinner layer of concrete will support the same number of axle loads as a thicker asphalt pavement because, inch per inch, concrete is a better material. He acknowledged that the concrete pavement for this particulaz project would be stronger than the asphalt pavement, but added that for this road the asphalt will provide a fine life. Mr. Sutphen disagreed with the anticipated amount of traffic on this road, stating that the area is growing and the road may service additional areas. He stated that Council has previously committed to maintaining the same standards for the southwest area of Dublin as were set for the other areas. In response to Mayor Rozanski's question, Mr. Olausen stated that he does not anticipate that the curve in the road will cause any shoving problems with the proposed asphalt ~ pavement as designed. He acknowledged that it would be easier to repair a shoved surface of asphalt over concrete versus one entirely composed of asphalt. Mr. Kranstuber thanked Mr. Sutphen for his research on these issues and commented that the price difference was minimal over the course of the useful life of the road. Mrs. King commented that staff has assured Council that the road will be built properly with the recommended bid. She believes that $54,000 is a significant amount of savings in terms of the overall budget and that the road as presented will both meet the long-term expectations of the City and save money. Mr. Sutphen cited the case of the asphalt pavement installed on Frantz Road where the City experienced many problems. Mayor Rozanski stated that he believes the asphalt over concrete road would be a better choice and an investment for the future. There will be a second reading of the Ordinance at the May 18, 1992 Council meeting. ~ Ordinance No. 40-92 - An Ordinance Providing for a Change of Zoning of 23.142 Acres Located on the Northeast Corner of Rings Road and Wilcox Road to be Rezoned from: R1B, Restricted Suburban Residential District (Washington Township classification), to: PLR, Planned Low Density Residential District. First Reading. Mr. Amorose introduced the Ordinance and moved that it be referred to Planning & Zoning. Mr. Sutphen seconded the Motion. Vote on the Motion - Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO.. F R N 1 Hel 19 Page 5 Ordinance No. 41-92 - An Ordinance Providing for a Change of Zoning of 1.99 Acres ' Located on the East Side of Riverside Drive Approximately 400 Feet to the North of Martin Road to be Rezoned from: R-4, Suburban Residential District, to: SO, Suburban Office and Institutional District. First Reading. Mr. Strip introduced the Ordinance and moved that it be referred to Planning & Zoning. Mr. Kranstuber seconded the Motion. Vote on the Motion - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Kranstuber, yes. Ordinance No. 42-92 - An Ordinance Providing for a Change of Zoning of 7.293 Acres Located on the West Side of Sawmill Road Approximately 1,400 Feet to the North of Summitview Road to be Rezoned from: R-1, Restricted Suburban Residential District to: SO, Suburban Office and Institutional District. First Reading. Mr. Sutphen introduced the Ordinance and moved that it be referred to Planning & Zoning. Mr. Amorose seconded the Motion. Vote on the Motion - Mr. Kranstuber, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Strip, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Sutphen, yes. Ordinance No. 43-92 - An Ordinance Providing for the Issuance and Sale of $4,100,000 in Notes in Anticipation of the Issuance of Bonds for the Purpose of Paying Costs of Construction of the Dublin Justice Center and Declaring an Emergency. First Reading. Mr. Strip introduced the Ordinance and moved to waive the three-time reading rule and treat as emergency legislation. Mr. Amorose seconded the Motion. Mayor Rozanski asked why the Ordinance refers to construction of additional facilities at Coffman Municipal Park. Ms. Grigsby responded that the issue voted upon in May of 1990 contained this language; the Ordinance merely mirrors it. Vote on the Motion - Mr. Sutphen, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Amorose. Vote on the Ordinance - Mr. Kranstuber, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes. Ordinance No. 44-92 - AN ORDINANCE TO APPROPRIATE A PEI?~1VIANENT SEWER EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT IN A 5.0 ACRE TRACT OWNED BY ELIZABETH A. HERDMAN, ET AL., LOCATED ON THE WESTERLY SIDE OF RIVERSIDE DRIVE AT TULLER ROAD, PARTIALLY IN THE CITY OF DUBLIN AND PARTIALLY IN THE TOWNSHIP OF PERRY, COUNTY OF FRANKLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LE AL BLANK F R Hel 19 Page 6 Mr. Sutphen introduced the Ordinance. Mr. Smith commented that this series of ordinances, Numbers 44-92 through 57-92, represents the second phase of the Tuller Road appropriations. The resolutions of intent to appropriate, as passed by Council on April 6, were served upon all property owners. The ordinances presented tonight give the City the authority to take the property; the lawsuits will be filed by the City on Wednesday. Negotiations are underway with property owners and the City hopes to come to agreement with all of them; in order to physically enter the properties on Thursday, the City must file with the court on Wednesday. In addition, there are four resolutions of intent which follow this series of ordinances; these relate to the 161 project and, after passage, will be served upon the property owners. They will be followed by ordinances to appropriate. In addition, there is an appointment of an assessment equalization board, Resolution No. 37- 92, which will address the Tuller Road assessments objections. The owners of five parcels on Tuller Road have objected to the assessments. Mrs. King moved to waive the three-time reading rule and treat as emergency legislation. Mr. Campbell seconded the motion. Vote on the Motion -Mrs. King, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. - Vote on the Ordinance - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Amorose. Ordinance No. 45-92 - AN ORDINANCE TO APPROPRIATE A FEE SIlVIPLE INTEREST AND A TEMIPORARY CONSTRUCTION EASEMENT IN A 1.82 ACRE TRACT OWNED BY BVH ASSOCIATES, INC., LOCATED ON THE NORTH SIDE OF TULLER ROAD, IN THE TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mr. Campbell introduced the Ordinance and moved to waive the three-time reading rule and treat as emergency legislation. Mrs. King seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes. Vote on the Ordinance - Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Kranstuber, yes. Ordinance No. 46-92 - AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 1.5 ACRE TRACT OWNED BY THOMAS FAMILY, LIlVHTED PARTNERSHIP, LOCATED ON THE NORTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. Mrs. King introduced the Ordinance and moved to waive the three-time reading rule and treat as emergency legislation. Mr. Campbell seconded the motion. Vote on the Motion - Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mrs. King, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO.• F RM N 1 1 Hel 19 Page 7 Vote on the Ordinance -Mayor Rozanski, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Campbell, yes. ° Ordinance No. 47-92 - AN ORDINANCE TO APPROPRIATE A FEE SIlVIPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 1.638 ACRE TRACT OWNED BY DAVID A. THOMAS, ET AL., LOCATED ON THE NORTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. Mr. Campbell introduced the Ordinance and moved to waive the three-time reading rule and treat as emergency legislation. Mrs. King seconded the motion. Vote on the Motion -Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes. Vote on the Ordinance - Mr. Strip, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Campbell, yes. Ordinance No. 48-92 - AN ORDINANCE TO APPROPRIATE A TEMPORARY CONSTRUCTION EASEMENT IN A 9.468 ACRE TRACT OWNED BY TULLER RIDGE PARTNERS (NOW KNOWN AS MILLCO PROPERTIES), LOCATED ON .~w-~ THE NORTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mrs. King introduced the Ordinance and moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Campbell seconded the motion. Vote on the Motion - Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. Vote on the Ordinance - Mr. Amorose, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Strip, yes. Ordinance No. 49-92 - AN ORDINANCE TO APPROPRIATE A FEE SIlVIPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 4.204 ACRE TRACT OWNED BY THE COUNTY OF FRANKLIN, OHIO, AND COMPUSERVE, INC., LOCATED ON THE NORTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mrs. King introduced the Ordinance and moved to waive the three-time reading rule and , treat this as emergency legislation. Mr. Campbell seconded the motion. Vote on the Motion - Mr. Sutphen, yes;. Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes. Vote on the Ordinance - Mr. Amorose, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Hel 19 Page 8 Ordinance No. 50-92 - AN ORDINANCE TO APPROPRIATE A FEE SEVIPLE ~ INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 3.064 ACRE TRACT OWNED BY THE OHIO BELL TELEPHONE COMPANY, LOCATED ON THE NORTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mr. Campbell introduced the Ordinance and moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. King seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Strip, yes. Vote on the Ordinance -Mrs. King, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes. Ordinance No. 51-92 - AN ORDINANCE TO APPROPRIATE A TEMPORARY CONSTRUCTION EASEMENT IN A 1.089 ACRE TRACT OWNED BY BRICKSTONE COMMONS OFFICE CONDOMINIUMS, LOCATED ON THE NORTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mrs. King introduced the Ordinance and moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Campbell seconded the motion. Vote on the Motion - Mr. Strip, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes. Vote on the Ordinance -Mayor Rozanski, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes. Ordinance No. 52-92 - AN ORDINANCE TO APPROPRIATE A FEE SIlVIPLE INTEREST AND A TEA~II'ORARY CONSTRUCTION EASEMENT IN A 10.537 ACRE TRACT OWNED BY AETNA LIFE INSURANCE, LOCATED ON THE NORTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mr. Campbell introduced the Ordinance, with the substituted Exhibits A, B and C which contain reference to Aetna Life Insurance Company as distributed at tonight's meeting, and moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. King seconded the motion. Vote on the Motion -Mrs. King, yes; Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes. Vote on the Ordinance -Mrs. King, yes; Mr. Strip, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes; Mr. Amorose, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DA N L A B Hel 19 Page 9 Ordinance No. 53-92 - AN ORDINANCE TO APPROPRIATE A FEE SIlVIPLE ^ INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 9.447 ACRE TRACT OWNED BY THE THOMAS FAMII,Y LIlVIITED PARTNERSHIP, LOCATED ON THE SOUTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mrs. King introduced the Ordinance and moved to waive the three-time reading rule and treat as emergency legislation. Mr. Campbell seconded the motion. Vote on the Motion -Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, yes. Vote on the Ordinance - Mr. Kranstuber, yes; Mr. Sutphen, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. Ordinance No. 54-92 - AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 17.940 ACRE TRACT OWNED BY THE THOMAS FAMII.Y LIlVIITED PARTNERSHIP, LOCATED ON THE SOUTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY First Reading. Mr. Campbell introduced the Ordinance and moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. King seconded the motion. Vote on the Motion - Mr. Campbell, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Amorose, yes. Vote on the Ordinance - Mr. Campbell, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Ordinance No. 55-92 - AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 9 ACRE TRACT OWNED BY SCHOTTENSTEIN MANAGEMENT COMPANY, LOCATED ON THE SOUTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mrs. King introduced the Ordinance and moved to waive the three-time reading rule and treat as emergency legislation. Mr. Campbell seconded the motion. _m Vote on the Motion - Mr. Strip, yes; Mrs. King, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Campbell, yes. Vote on the Ordinance -Mayor Rozanski, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Sutphen, yes; Mr. Amorose, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LE AL BL4NK R Hel 19 Page 10 Ordinance No. 56-92 - AN ORDINANCE TO APPROPRIATE A FEE SIlVIPLE INTEREST AND A TEMPORARY CONSTRUCTION EASEMENT IN A 8.539 ACRE TRACT OWNED BY BANCOHIO NATIONAL BANK, LOCATED ON THE SOUTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mr. Campbell introduced the Ordinance and moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. King seconded the motion. Vote on the Motion - Mr. Sutphen, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mr. Strip, yes. Vote on the Ordinance -Mayor Rozanski, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Sutphen, yes. Ordinance No. 57-92 - AN ORDINANCE TO APPROPRIATE A FEE SIMPLE INTEREST AND A TEMIPORARY CONSTRUCTION EASEMENT IN A 4 ACRE TRACT OWNED BY HERBERT W. BASH, JR., LOCATED ON THE SOUTH SIDE OF TULLER ROAD, IN THE CITY OF DUBLIN, TOWNSHIP OF PERRY, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mrs. King introduced the Ordinance and moved to waive the three-time reading rule and treat as emergency legislation. Mr. Campbell seconded the motion. Vote on the Motion - Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes. Vote on the Ordinance - Mr. Campbell, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Sutphen, yes. Resolution No. 27-92 - A RESOLUTION OF INTENT TO APPROPRIATE PERMANENT EASEMENTS AND LESSER INTERESTS IN A PARCEL OWNED BY DUBLIN MARATHON SERVICE CO., LOCATED ON THE SOUTH SIDE OF BRIDGE STREET, IN THE CITY OF DUBLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mr. Campbell introduced the Resolution and moved to waive the three-time reading rule and treat this as emergency legislation. ,,,.:.-0 Mrs. King seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes. Vote on the Resolution -Mrs. King, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Amorose, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DA N L AL B Hel 19 Page 11 Resolution No. 3492 - A RESOLUTION OF INTENT TO APPROPRIATE * PERMANENT EASEMENTS AND LESSER INTERESTS IN A PARCEL OWNED BY BEULAH M. THOMAS, LOCATED ON THE SOUTH SIDE OF BRIDGE STREET, IN THE CITY OF DUBLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mrs. King introduced the Resolution and moved to waive the three-time reading rule and treat as emergency legislation. Mr. Campbell seconded the motion. Vote on the Motion - Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Amorose, yes; Mr. Strip, yes; Mrs. King, yes. Vote on the Resolution -Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, yes. Resolution No. 35-92 - A RESOLUTION OF INTENT TO APPROPRIATE A TEMPORARY RIGHT TO WORK EASEMENT IN A PARCEL OWNED BY THE TRUSTEES OF THE CONGREGATIONAL CHURCH OF THE TOWN OF DUBLIN, OHIO, LOCATED ON THE SOUTH SIDE OF BRIDGE STREET, IN THE CITY OF DUBLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mr. Campbell introduced the Resolution and 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; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. Vote on the Resolution - Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Strip, yes. Resolution No. 36-92 - A RESOLUTION OF INTENT TO APPROPRIATE PEPIVIANENT EASEMENTS AND LESSER INTERESTS IN A PARCEL OWNED BY THE CONGREGATIONAL CHURCH OF DUBLIN, OHIO, LOCATED ON THE SOUTH SIDE OF BRIDGE STREET, IN THE CITY OF DUBLIN, STATE OF OHIO, AND DECLARING AN EMERGENCY. First Reading. Mrs. King introduced the Resolution and moved to waive the three-time reading rule and treat as emergency legislation. ~ Mr. Campbell seconded the motion. ~ Vote on the Motion - Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. Vote on the Resolution - Mr. Sutphen, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Strip, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Hel 19 Page 12 Resolution No. 37-92 - A Resolution Appointing An Assessment Equalization Board to g ' Hear Objections Relative to the Improvement in the City of Tuller Road From Riverside Drive East to the Existing Intersection with Village Parkway and Village ~ Parkway from the Existing Intersection with Tuller Road to a Point Approximately 410 Feet South of that Existing Intersection by Widening, Grading, Draining, Paving, Curbing, Lighting, Installing Water Lines, Fire Hydrants, Storm Sewers, Constructing New Connection Curves to Replace the Existing Intersection of Tuller Road and Village Parkway and Relocating Overhead Wires, Cables, and Appurtenant Equipment Underground, Together with All Necessary Appurtenances, Including Constructing a Bikeway and Acquiring Real Estate and Interests in Real Estate Therefor and Declaring an Emergency. First Reading. Mr. Campbell introduced the Resolution which names board members Ron Jezerinac, Katherine Kelly and Mildred Karrer and moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. King seconded the motion. Mr. Smith commented that the proposed members were selected from a list of residents who have volunteered for such appointments. The scheduled hearing date of May 12 has been communicated to all proposed members and they are all available on that date. ~ Vote on the Motion - Mr. Strip, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mrs. King, yes. k Vote on the Resolution - Mr. Amorose, yes; Mr. Sutphen, yes; Mr. Strip, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Kranstuber, yes. Resolution No. 38-92 - A Resolution Requesting the Delaware and Franklin County Auditors to Issue a Warrant Upon the Delaware and Franklin Treasurers to the Director of Finance of the City of Dublin for Any Money that May Be in the County Treasury to the Account of the City of Dublin. First Reading. Mr. Sutphen introduced the Resolution. Ms. Grigsby stated that the earliest date the City may request this money is at the end of June, so staff will be requesting passage by emergency on the third reading. There will be a second reading of the Resolution at the May 18, 1992 Council meeting. Other Encroachment of Right-of--Way at 20 Browning Court Mr. Smith commented that at the last Council meeting where this encroachment was reviewed on April 6, he was asked to address two issues: 1. Does approving this encroachment put the City at risk for any liability? Following review with Mr. Banchefsky and the engineers, staff determines that the line of sight from the normal point of stop does not pose any risk in terms of liability. He believes that the Engineering department will concur in their presentation tonight. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYT N L AL LA Hel 19 Page 13 2. Is there any legal reason why it should or should not be there? Technically, the City ~ can have the applicant remove this because it is a trespass on the right-of--way. This is a policy decision where Council may or may not decide to let someone have a planted mound encroaching in the right-of--way. Mr. Mack, consulting engineer for the City of Dublin, stated that he was Assistant City Engineer and Acting City Engineer during the process until this encroachment was approved by Planning & Zoning Commission. Mr. Foegler asked that he make a presentation tonight regarding the encroachment. He gave a brief background of the case to Council, stating that the resident at 20 Browning Court erected a mound across the frontage of his property on Dublin Road. Much of the mound lies within the right-of--way for Dublin Road, and this was brought to the City's attention by a concerned citizen who lives north of the subject property. The neighbor expressed concern about the effect this encroachment has upon sight distance in exiting his driveway. Based on this, the City visited the site and measured the mound and measured sight distances from both the driveway of the north neighbor and from Browning Court. City staff also checked the mound out and its effect on Dublin Road, i.e., drainage, construction problems for future development, etc. City staff concluded that the mound did not need to be removed. Mr. Mack stated that Dublin Codified Ordinance Section 1337 deals with encroachments in right-of--way and in easements. In essence, a private or commercial property owner cannot put an obstruction in a City right-of--way or City easement area without the permission of the City. Mr. Mack believes that the applicant was not aware that he was building the mound in the City right-of--way, as the right-of--ways are not marked. Mr. Ucker was advised early last summer that this mound did encroach on the City right-of--way and that he must seek approval for such an encroachment. Mr. Mack added that this is not a unique situation -most fences, mailboxes, pillars and even street trees are encroachments in the City right-of--way. He reported that staff has developed a form whereby applicants can request encroachments in easement areas. Staff reviews these applications and either approves or disapproves them. As part of the agreement, the owner bears full responsibility for the maintenance of the encroachment and the City maintains the right to remove, at the owner's expense, the encroachment following proper notice to the applicant. The City also preserves its right to the property and the applicant agrees to remove the encroachment at his own expense should the City later require this land. This form is routinely used when there is no objection to the encroachment. For the case in point, the neighbor to the north objected formally to the encroachment. Because of this, staff followed the guidelines of Chapter 1337 which stipulate that the owner must seek the permission of the Engineering Division, the Planning and Zoning Commission, and City Council to keep the encroachment. Planning & Zoning Commission approved the encroachment, condition upon applicant signing the encroachment form and that no modifications or alterations be made within City right-of--way without prior City approval. Mr. Mack described the packet given to Council as background information on this case and cited the technical data, dated April 17, included. He described, in technical terms, the process staff used in determining that there was acceptable sight distance at this encroachment area. Mr. Strip asked what staff s recommendation would be regarding this encroachment. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Hel 19 Page 14 Mr. Mack stated that the Engineering Division's recommendation to Council is that this mound does not present a sight distance problem; does not encroach on the highway in terms of safety; and it neither obstructs the view from Browning Court nor from the ~ driveway of the residents to the north. He added that he was presenting more technical information in response to Council's request at the last hearing. He commented that a police report is included as part of the information which indicates that during the last 16 to 18 months there have been no accidents at this intersection. The sight distance at the location at 34 feet back from the intersection still allows 300 feet of clear sight distance. He emphasized that the Engineering Division believes there is no sight distance problem at the intersection. Regarding the trees on the mound, Mr. Mack, stated that the trees are behind the line of sight for the highway. Mr. Kranstuber asked about the location of the stop signs. Mr. Mack responded that Dublin follows the Manual of Uniform Traffic Control Devices which specifies that a stop sign shall be located no more than 50 feet away from the edge of pavement. The stop sign is well within the limitations. Regarding the stop bar, it should ideally be located parallel to the stop sign; however, the rule of law is that where you have a stop bar and a stop sign, the stopping point of the vehicle is at the stop bar. Mr. Kranstuber asked why the Planning & Zoning Commission minutes were not included in the packet. Mr. Smith responded that they were included in a previous packet sent to Council. , Mr. Campbell commented that his understanding of the Code is that if there is an encroachment, Planning & Zoning and the Council must deal with it; the Engineering Division does not have unilateral authority to grant approval. The recommendation comes from the Engineer, but the discretion of whether to approve it rests with Council. Secondly, he disagrees that a tree placed in the right-of--way is an encroachment; in essence, the City, in making the requirement, is effectively granting the request of the homeowner to place something in the right-of--way. Third, as he has maintained in the other hearings of this case, if the City grants any kind of encroachment in its right-of--way, the City becomes responsible if there is negligence which takes place with respect to that mound. Whatever minimal risk there may be, the City is assuming the liability by approving this encroachment. Mr. Campbell also asked about the total costs expended by the City for this investigation. As stated in Part 2 of the Code, the homeowner, upon approval, is responsible for payment of damages as specified in the Code. Mr. Campbell then read the pertinent sections of the Code related to payments of damages, etc. Mr. Kranstuber agreed with Mr. Campbell that, in looking at the Code, it seems that the agreement form previously described by Mr. Mack is not in keeping with the requirements ~ of the Code. , Discussion followed about the liability risk assumed by the City with approval of this encroachment. Mr. Mack cited the case where Council approved a stone wall on Dublin Road approximately one and one-half years ago and waived fees to the applicant, instructing staff that Council did not wish to review these cases unless there was a problem. Council can instruct staff to proceed in a different manner if they wish. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LE L B NK Hel 19 Page 15 Mr. Sutphen stated that, in his opinion, the mound should be removed, as the neighbor has requested. Mr. Kranstuber commented that he is requesting a legal opinion on two issues: one, is the process currently in place by the City wherein staff signs off on these encroachments legal; and two, the comparative negligence, negligence per se issue of this encroachment. Mr. Smith commented that: 1. He believes the Code should be modified so that these cases do not have to be brought before Council. A modification of the Code would allow these types of encroachments to be approved by staff, and would empower staff to execute the waiver. 2. He affirmed Mr. Campbell's comment that there was a recent Supreme Court decision involving the waiver of a municipality when it allows an encroachment on an easement. 3. Regarding traffic accident situations, the City is often sued. Comparative negligence is not the deciding factor. 4. Council must decide, as a matter of policy, to either change the Code or be willing to hear all of these types of cases. Mr. Kranstuber again pointed out that the City's policies of signing off on encroachments are apparently not consistent with the Code; he believes the Code should be modified. Mr. Strip stated that he believes the applicant should testify and then Council should vote on this issue. Paul Doucher, representing adjacent property owner Mr. Segner, testified that this mound, at 90 feet long, is not similar to a mailbox encroachment. He added that the City is accepting the liability for any accidents where the mound is determined to be a contributing factor. Mr. and Mrs. Segner have lived in the community for over 25 years, and these lifelong residents should be assured that their property values will be maintained. Most importantly, he believes the City is setting a precedent if they approve this mound encroachment. Mr. Kranstuber asked why the homeowner is never present at Council hearings on this matter. The Clerk stated she was unaware that the homeowner was to be notified. Mr. Mack commented that the homeowner was present for hearings on this matter before Planning & Zoning. He did not give any testimony to the Commission at that time. The mound was installed by the owner, not the contractor. Mr. Kranstuber again brought up the issue of liability for the City, and the greater liability ~ in view of the City's "deep pockets" as compared to another party involved in a lawsuit. Mrs. King asked if there was anyone else present tonight to give additional information to Council. She believes the turning point on this issue is the liability for the City, and asked Mr. Smith to advise Council on this point. Mr. Smith responded that, based upon engineering studies provided by staff, he does not believe there is any substantial risk to the City of Dublin in permitting the mound to remain. He added that there is still liability risk in the case of a freak accident. He expressed RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK R Hel 19 Page 16 concern about the lack of notice to the applicant and the possible costs which could be '~`"M levied upon Mr. Ucker to keep the mound. He recommended that the applicant be advised of those potential fees in advance of Council's decision. Mrs. King moved to table this issue until the May 18, 1992 Council meeting and that written notice be sent to the resident with the encroaching mound on his property. Mr. Campbell moved to amend Mrs. King's motion, adding that the notice should include a specification of the legal fees, engineering expenses, and any other costs related to this encroachment so that the homeowner is made aware, prior to the hearing, of the possible costs which could be levied under the provisions of the Code. Mr. Kranstuber seconded the amended motion. Vote on the Motion to table - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mrs. King, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Campbell, yes. Mr. Kranstuber also commented that he would like to have the encroachment form reviewed by the Land Use Committee of Council. Council agreed that this should be referred to the Committee. Annroval of Preliminary Plat for Brighton Park Ms. Clarke stated that this preliminary plat for a subdivision to be located on the southeast corner of Rings and Wilcox Roads was heard by the Planning Commission on April 16. The subdivision contains approximately 24.5 acres and the proposal is to subdivide this into 75 lots. One lot was dropped from previous submission due to reworking of the detention ponds. Planning Commission recommended approval of the plat, subject to 14 conditions. The site is zoned PLR, Planned Low Density Residential District. The recommendation of Planning Commission, by a vote of 6 in favor, 1 abstention was approval subject to the conditions as follows: 1. Full compliance with provisions of Chapter 1313; designation of all flood hazard areas in all plans, plats, and documents after submission of more complete flood documentation to the satisfaction of the City Engineer, including plan modification if necessary. 2. Installation of a bike path as requested and provision of adequate easement area along the south property line for same. 3. Installation of sidewalks and street trees to meet Code. 4. Resolution of treatment and maintenance along the new right-of--way. 5. Right-of--way dedication on perimeter to comply with Community Plan. 6. Revisions to the plan and text to clarify, correct information and remove contradictions. 7. The park to be completed before a permit for the tenth foundation is issued. 8. Bike path along Wilcox Road be installed upon completion of 50 percent of the houses along Wilcox Road. 9. That a forced association be formed and a yearly assessment that is adequate to maintain the common properties, including the yew hedge with brick pillars and detention facilities be made part of the deed restrictions for the subdivision. 10. That the landscape and brick fence detail be submitted for review and approval. 11. That the plat be amended to include all information required in Chapter 1103. 12. That street tree plan be amended to utilize alternate species. 13. That the City Engineering staff determine the appropriate language with respect to the size and maintenance of detention facilities. 14. That the text in the development plan be revised to reflect the maintenance of the hedges and boundaries. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK O.. F RM N 1 Hel 19 Page 17 Most of these conditions have already been incorporated into the drawings; the rest need to be executed as part of the final plat or as part of the final construction of this subdivision. Mayor Rozanski stated that there was previous lengthy discussion about the Wilcox Road screening - a wall or a hedge. There were no lots facing Wilcox Road on the previous plat submitted to Council. Ms. Clazke responded that the discussion instead involved the east-west road which is proposed along the south property line. The plan always had 100 foot lots facing Wilcox Road. Mayor Rozanski also recalled that Mr. Yoder, property owner who faces the western end of this subdivision, was concerned about screening. Ms. Clarke stated that the residents on Wilcox are mainly concerned that Wilcox not be used for through traffic. She added that she recalls no provision for screening in this area. Mr. Sutphen commented that the plat does not appear to be what was looked at previously. He asked Chief Bostic if the fire department has reviewed the plans and the turnazound areas in cul-de-sacs for emergency equipment. Ms. Clarke stated that Captain John Sedlock has reviewed and approved these plans. Mr. Kranstuber asked why Mr. Yoder, representing the southwest azea residents, was not present tonight. Ms. Clarke commented that notices aze not sent for these types of actions on the Council agenda. They aze listed in the agendas published in the newspaper. She added that Mr. Yoder was in the Development office today meeting with Mr. Foegler. Mr. Kranstuber noted that Mr. Yoder had several strong objections to certain aspects of the development, i. e. , the parkland which is 50 percent of what the total parkland dedication would ordinarily be. He also objected to the density, the unimaginative zoning, the width of the lots, and the fence along the road. Mr. Amorose recalled a long discussion on the types of materials to be used along the roadways -board on board fences, masonry, or plant material. Mayor Rozanski recalled discussion of the bike path easement in the corner cul-de-sac lot to provide access to the township park. Ms. Clazke noted that the Council minutes from last Mazch are attached to the package submitted to Council with the plat. Mayor Rozanski expressed Council's previous concern that an easement be obtained in the southwest corner for a bike path; on either one side or the other of lot #7 there was to be a bike path easement with access to the township park. Jerry Turner engineer with Bird & Bull Consulting Engineers, requested to speak at this time. He stated that he represents Davidson-Phillips, the developer of this property. He commented that he has attended all of the many meetings on this development and stated that the previous plats have also had lots fronting on Wilcox Road. He did not bring the preliminary plat with him, as he was asked to make changes to it at the recent P&Z meeting as are reflected in the plan presented tonight. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK R Hel 19 Page 18 This project was started in January of 1991 and the developer thought he had obtained " preliminary plat approval from Council in March of 1991. They proceeded with engineering drawings based upon approval from the City. Approximately a month ago, upon submitting plans for approval, he was told that perhaps he does not have preliminary plat approval and he should seek it. Mr. Turner complied with this request. The case was reviewed by Planning & Zoning at the April 16 meeting and received approval. Mr. Turner stated that at one time there was a request for an easement for a bike path through the property, but for some reason this request was dropped. There was a request to build some type of fence along relocated Wilcox Road which the developer has agreed to do. In the design of the system, the developer found that there was not enough room for the detention area as proposed along the creek. Thus they eliminated two lots to relocate detention areas as reflected in the plans. Mrs. King stated that the only issue seems to be the access to the township park via an easement through the property. Mayor Rozanski referenced the minutes of the March 18, 1991 Council meeting where, "Ms. Maurer moved to approve the Ordinance with the addition of the easement which has been offered to permit access in and out of the residential development " Mr. Turner responded that he had neglected to put this easement in the plans; that this was an oversight. He added that putting the bike path in will destroy the sales potential for two more lots. He then agreed to put in the bike path. Mayor Rozanski also read from the March 4, 1991 Council meeting minutes which state, "It was agreed that the applicant will study further a way in which to get the children from the subdivision to Kaltenbach park safely." This was the starting point for the discussion at the following Council meeting regarding an easement for the bike path. Council members requested that the easement agreed to by Mr. Turner for the bike path be as close to the southwestern corner or the park as possible which would be lot #7. The easement would have to be 12 feet wide and would not have to be fenced. There will be an opening through the hedge for the path. Mr. Turner noted that lots 37 and 38 were revised to be detention areas following a problem discovered with drainage from this property to the Summit Properties immediately to the south. An agreement has been proposed with Summit Properties and will be resolved prior to final plat approval. Ms. Clarke noted that the density calculation, as noted in the site data on the plan, appears high. Because of the calculations for Planned Low Density Residential District as specified by the Code, roads and easement areas are subtracted from gross area, resulting in what appears to be a higher density. Mr. Kranstuber commented that he was surprised that no residents from the area were in attendance at the meeting tonight. He affirmed Mr. Sutphen's earlier comments that the southwest area should be subject to the same standards as the rest of the developments in the City. He noted that the plan proposes double the density of Bristol Commons with half of the parkland as otherwise required by Code. Mr. Campbell noted that it is important to look back further in the case to the March 18, 1991 Council minutes, where it states that Mr. Bill Yoder said that the established single RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO., FORM N 1 Hel 19 Page 19 family residential area in the neighborhood is in unanimous support of single family residential development. This developer, together with several others, is being obligated to bring the sewer line across the freeway to the area. This is quite costly, and the developer had originally planned to build multi-family units to recoup some of these costs. Because the neighboring residents wanted single-family, a compromise was reached between the parties. Regarding the park, the developer is completely paying the cost and it will be completed early in the project. The township park may not be totally developed for years. All of these were factors in the proposed development which seems to be a good compromise. Mayor Rozanski took issue with Mr. Kranstuber's statement regarding the density as compared to Bristol Commons -they were computed differently. The density is not double that of Bristol Commons. Mr. Sutphen moved to accept the preliminary plat with the condition that a bike path easement be added between lots 51 and 7. Mr. Turner stated he had additional questions for Council. Regarding Condition #2 as noted on the plat, he asked if he will be required to build an additional bike path since there is already one being built on property just south of this development. Ms. Clarke stated that Condition #2 regarding the bike path should be removed from this ' plat. The City staff has been working with surro?inding developers to relocate the bike path which was to be constructed along the new i~ad. It is aright-of--way which has been granted by development interests on both sides, with the full obligation for construction being the City's. It will be installed, at the City's discretion, when traffic in the area warrants it. Ms. Clarke noted that the neighborhood representative, Mr. Yoder, stated they prefer that the bike path be located on the north side of relocated Wilcox, not the south side. Ms. Jordan stated that it was her understanding that the easement on the north side would be for a sidewalk. Ms. Clarke clarified that until the proposed relocated Wilcox Road is constructed, .there is no obstruction; the residents in the subdivision can access the bike path without crossing a road. Mr. Strip stated he believes these issues should have been resolved prior to tonight's Council meeting. The developer should have worked these out with staff. Ms. Clarke responded that she believes only Council can waive this requirement. Mr. Turner also stated that there is an issue regarding maintenance of the detention facilities. He asked for guidance from Council as to whether the association would be required to maintain these. Is this normal procedure for the City and since these are physical drainage structures, should an association maintain these? Mr. Strip again noted that these issues should have been resolved before tonight. Mr. Campbell noted that Mr. Foegler had stated that this issue should be addressed before final plat approval. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LE AL B NK R 19 Held , Page 20 Regarding sidewalks, Mr. Turner requested a waiver of the sidewalk requirement along Rings Road due to the complexity and the narrowness of the road and the fact that a large ditch will be located immediately adjacent to it. There will also be construction of a 20-inch water main that will probably be located under the sidewalk. Mrs. King proposed that a bond and agreement be provided by the developer to assure that at such time as the waterline is installed and/or the ditch is enclosed that the sidewalk would then be built by the developer. Following discussion, Mrs. King noted that Council needs more direction from staff on these types of issues. Mr. Kranstuber stated that sidewalks are required in every development in Dublin. Mr. Campbell summarized that if the developer is seeking approval of this preliminary plat tonight, he must agree to put in sidewalks. He can return to Council at a later date to seek a waiver of the requirement. Mr. Kranstuber brought up the issue of the maintenance of detention ponds. Mr. Strip stated he believes these issues should be studied and recommendations should be given to Council from staff. In response to Mayor Rozanski's question, Ms. Clarke noted that the detention pond areas at Bristol Commons are located in the park area and she assumes the Parks Department will maintain them. Mr. Kranstuber noted that this particular detention pond is located at the intersection of Rings and Wilcox Roads in a highly visible area and should be maintained properly. Mrs. King expressed dissatisfaction that only 50 percent of the required parkland is being donated in this development. Mr. Turner stated that the developer would like the City to maintain the detention ponds. In most communities he works in, he reported, the cities maintain these areas where ponds are required for stormwater detention or retention purposes. With City maintenance, there would be less risk of problems at a later date. Mrs. King amended Mr. Sutphen's motion, recognizing that since there is a bike path to be installed on the relocated Wilcox Road, the developer be instead required to install a sidewalk. Mr. Sutphen and Mr. Turner corrected this statement, saying that there will be a sidewalk built on the north side of the road, if and when the road is built. Ms. Clarke commented that if the developer is required to build a sidewalk now, it is not needed because there is no separation to get to the bike path and it would be torn up if and when the road is built. Mrs. King then amended Mr. Sutphen's motion to approve the preliminary plat with all conditions of Planning & Zoning, with the exception of No. 2 relating to the bike path which is noted on the plat, and with the addition of a condition #15 of the bike path easement between lots #7 and 51. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LE AL BLA K Hel 19 Page 21 Mr. Turner agreed with Mrs. King's amendment to delete No. 2 relating to the bike path, " as noted on the plat, and adding No. 15 requiring an easement for a bike path between lots 7and51. Mr. Campbell reminded Council that the detention maintenance issue could be deferred until time of final plat approval. Mr. Smith recommended that a No. 16 condition be added, stating that the detention pond maintenance issue shall be resolved prior to presentation for final plat approval. Mr. Hansley stated that staff will bring back a generic policy to Council regarding detention pond maintenance. They will work with the Land Use Committee on this policy. Mr. Sutphen stated that he agrees with adding a No. 16 condition to the amended motion, stating that staff will decide with the developer how the City wants the detention pond maintenance done prior to final plat presentation. Mrs. King seconded the amended motion. Vote on the Motion - Mr. Strip, yes; Mrs. King, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, no. Annroval of Request for Waiver of Stormwater Detention ReQUlations for Woods at Indian Run (Starkey-Coffman tractl . Mr. Hansley stated that the applicant has requested that this be tabled until the next Council meeting. Reports from Council Committees Mr Su,~hen Public Service Committee, reported that a Committee meeting was held this morning. The Parks & Recreation Department has applied for $650,000 to $750,000 in state funding for bike paths. Guardrails in Muirfield will be repaired prior to the Tournament. The Tuller Road project will be going out to bid within two weeks. Construction will be started this season. Mr. Olausen reported that they anticipate Tuller Road being open to traffic before winter, with the final work being completed in the spring, i.e., lighting, top course of asphalt. Mr. Hansley reported that the road will be closed from 8 a.m. to 5 p.m. for five days at the western terminus to allow for relocation of phone cables. Notices will be given well in advance to the public and the press. Businesses will still have access from the eastern terminus. Mr. Sutphen also reported that the 161 project is approximately 3 weeks from going to bid. Standards were discussed regarding street lighting, and the Committee will be studying a standard light fixture for intersection lights, similar to the new mast arm designs recently installed by the City. Mr. Hansley commented that there will be a potential signal location at Tuller and Riverside if warrants are met. With the improved road service, staff anticipates the warrant being met in that area. The 161 project does include a signal at Dale Drive and Riverside; the issue is what kind of signal should be installed there. Staff will work with the Service Committee on standards for traffic lights. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LE AL BLA K 19 Held Page 22 Mayor Rozanski expressed his wish that if the signals at Bridge and High are moved or changed during the 161 project, mast arm signals be installed. Mr. Hansley responded that the current specs for the 161 project specify modified street lights similar to those in Old Dublin. He will check on the plans for the traffic signals in the area and will advise Council. Mr. Sutphen stated that the Service Committee will be putting together standards for road surfaces and traffic signals for Council's review. Mr Campbell and Mr Kranstuber Co-Chairpersons of the Community Recreation Center Committee, met with Mr. Foegler, Mr. Hansley, and Ms. Jordan recently. Mr. Hansley will be distributing a packet to all of Council with a recap of what has been done to date on the Community Center. He noted that there are a series of minutes from a 1990 focus group which Council should pay particular attention to. The results from those meetings will be contained in this packet. Issues which need to be addressed in the near future by the Committee are: 1. Determine location of the building in Coffman Park. 2. Determine service area and the numbers of those to be served. 3. Continue with evaluation of the design program or elements to be contained in the project. 4. Determine the Phase I components. They decided at the session to direct staff to hire a consultant to evaluate the Coffman Park site, including a determination if additional land to the west would be needed. Council needs to set the service area as a policy determination. Council also needs to determine if issues such as the service area. should be referred to the Parks and Recreation Committee for recommendation back to Council by early June, with the understanding that their recommendation would not be binding as it would be one of several elements to consider. In regard to the design elements, a public hearing will be conducted by the Committee on Wednesday, May 27 at 7:00 p.m. in Council Chambers. Input will be solicited that evening on the structure to supplement the information already received from earlier focus groups and other research. Discussion will be on elements to be included in the building; the discussion will not be on phasing or on the service areas. There will be limits on the amount of comment made by individuals to allow for everyone's input. The Committee hopes to resolve some issues related to the design program by early June. Regarding the Phase I components, he asked Council to think about referring this to the Parks and Recreation Committee. The final determination would be made by the Community Recreation Center Committee because of issues related to funding. The Committee intends to make a report to Council on their progress on June 1. They hope to deal with the issues of Phase I by the second meeting in August. This is all consistent with the Action Plan, as adopted by Council. Mr. Kranstuber commented that there is a special meeting of Council on Monday, May 11 at 7:30 p.m. regarding the Community Center. He asked that all Council members review the information prior to that time. Mr. Hansley added that staff has a planning retreat on the evening of May 27 and will probably not arrive at the public hearing until 8 p. m. Mr. Kranstuber requested that Mr. Hansley, Mr. Foegler, Ms. Jordan and Ms. Grigsby attend the public hearing. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK R N 19 Held Page 23 Ms. Jordan asked if groups could submit written testimony for the public hearing and Mr. Campbell agreed that this would be acceptable. They could supplement their oral testimony with a written report. , Mr. Kranstuber asked that Ms. Puskarcik send a press release out stating that this is the major opportunity for public input on the Center. He also asked that a Parks Department staff member visit several local recreation centers and the Kettering center and provide some slides or pictures to Council for the June meeting. Mr. Hansley stated that staff will let Council know of the date they plan to visit other areas should Council members want to join the group. Mr. Kranstuber reported that the Land Use Committee series of meetings have concluded. There were approximately 35-40 participants -architects, builders, planners, attorneys and engineers. The meetings were productive and testimony is being compiled. In response to the meetings, the Building Division has hosted some sessions to educate local builders' field personnel on building regulations. Improved procedures have been established for quality control of inspections. Division heads and supervisors are contacting builders to follow-up on complaints. Staff also met with builder groups to establish standards for various building practices. The Land Use Committee will be presenting a package for Council consideration regarding Code modifications. Comments from Staff Mr. Hansley reported that he will be distributing an update on the 161 project at the end of the meeting tonight. Mr. Harding commented that in response to Mayor Rozanski's request for ink from 3M, the vendor has agreed to provide this ink upon request. Ms. Grigsby stated that the 1991 audit by Deloitte & Touche began last week; they anticipate completion of the audit by the end of May. Ms. Jordan noted that Saturday, May 9 from 10 a.m. until 1 p.m. is registration for summer programs. She anticipates heavy demand for summer camp programs and urges those who want to register to arrive early. Also noted that the Child Care Directory as distributed to Council tonight was a joint effort between the Mayor's Advisory Task Force on Child Care and the Suburban News Publication. It will be iincluded as a supplement in Wednesday's Dublin News. Chief Ferrell commented that Dublin was named as the safest city in the area in the new Columbus Monthly. Also noted that two lanes of I-270 will be closed for 4 to 5 weeks from the Hilliard area to I-70. This could potentially cause rerouting of traffic through Dublin if an accident occurs on 270. Council Roundtable Discussion Mr. Sutphen thanked staff members for their efforts in getting detail work completed at Muirfield and Brand Road. Mrs. King conveyed appreciation to the Mayor's Task Force and Suburban news for their efforts to produce the new child care directory. She also noted that she was distributing to Council a registration for a conference at Wright State University focusing on regional cooperative efforts in government. RECORD OF PROCEEDINGS Dublin Cit Council Meeting Meeting Minutes of y DAYTON LE AL BLANK 19 Held Page 24 Mr. Campbell thanked staff for their efforts in obtaining seeding at the Muirfield entrance. Also noted that the updated list of phone numbers has an incorrect fax number for his office; it should be "2001". Mr. Strip motioned that $2500 of bed tax funds be used to purchase seedlings to be distributed through the Dublin community this spring in support of Governor Voinovich's Tree City USA program held recently in Dublin. Mayor Rozanski seconded the motion. Mrs. King requested that these trees be native Ohio trees. Mr. Amorose commented that it is late in the season to acquire bare root stock, but if it is possible, it is fine with him. Mr. Strip noted that if this is not feasible to do now, it could be done in the fall. Vote on the Motion - Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes. Mr. Kranstuber commented that he recognizes the demands being placed on the Development staff at this time. They have shortages of staff and a great amount of development in progress. He complimented them on their efforts to improve service. Mayor Rozanski commented that the new D.A.R.E. car was presented to the City in a ceremony last week. All of the donors should be thanked for their contributions - Immke Honda, TrueSports, NTW, 3M, and American Racing. He thanked the Police Department for their efforts in soliciting this contribution which will benefit the children throughout the school district. Mr. Kranstuber moved to adjourn to Executive Session. Mr. Sutphen seconded the motion. Mayor Rozanski noted that Council will not reconvene following this session. Vote on the Motion - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Strip, yes. The meeting was adjourned at 10:45 p.m. ~j ~ I/~..~ L j L or, Presiding O ¢~r Clerk of Council