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HomeMy WebLinkAbout10/02/1995 a u ~ I-, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK C R Held October 2, 1995 19 Mayor Campbell called the work session of Dublin City Council to order at 7:1,0 p.m.. on Monday, October 2, 1995. Don Muccino President of the Dublin Chamber of Commerce presented the Chamber's President's awards to Jack Chaisson and Mary Bearden and recognized them for their efforts with the Dublin E Retention and Expansion Task Force. Staff Comments Mr. Hanslev reported that several responses to issues raised at the last Council meeting were included in the Council packets. Mr. Foe ler noted that staff is working with representatives of the Historical Society and Willow Grove Association to find an acceptable alternative for the Coffman Road alignment. A design alternative has been found that will both preserve the tree and the existing landscaping in front of Willow Grove. A graphic will be available on Wednesday, and if it is acceptable to the Willow Grove Association and the Historical Society, staff will report back to Council. Staff would not anticipate a need for additional public hearings on the issue. He will .memo Council regarding the status of this matter after meeting with the parties involved. Mrs. King asked that Council be provided .with a copy of the graphic. Ms. Puskarcik reported that a memo was forwarded to Council regarding a proposal fora walk- through of the Community Recreation Center on Monday, October 16 from 5:30 to 7 p.m. Mr. Kranstuber requested that invitations be sent to the Dolphins board, the Country Club board, the Muirfins board, the high school swim coach, and both of the high school athletic directors. The consensus of Council was to eliminate refreshments and simply offer awalk-through of the facility. Mayor Campbell stated that a brief executive session has been requested for an update on a land acquisition matter. Mr. Zawaly moved to adjourn to executive session at 7:20 p.m. for land acquisition discussion purposes. Mrs. King seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes. The meeting was reconvened at 7:30 p.m., and Mayor Campbell called the meeting to order. Mr. Kranstuber led the Pledge of Allegiance. Roll Call Council members present were: Mayor Campbell, Mrs. King, Mrs. Boring, Mr. Kranstuber, Mrs. Stillwell, Mr. Strip, and Mr. Zawaly. Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. Kindra, Mr. Lenz, Mr. McDaniel, Ms. Fierce, Mr. Rubey, Ms. Bearden, Mr. Hahn, Ms. Crandall, Chief Ferrell, and Ms. Puskarcik. Approval of Minutes of the September 11, 1995 Meeting Mr. Zawaly noted a correction to page 1 under the legislative portion. Mr. Kranstuber had moved the introduction of the consent agenda ordinances, and Mr. Zawaly had seconded the motion. Mr. Zawaly noted a correction under the Council Committee reports where the reference to the Charter should be to "Article" 4, not "Section" 4. Mr. Zawaly moved approval of the minutes subject to these corrections. Mrs. King seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Approval of Minutes of the September 18, 1995 Meeting; Mrs. Boring requested that following Mr. Zawaly's statement that, "A good precedent must be established in this case" that this be added: "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. Zawaly noted that on page 8, where Mr. Dobbs commented briefly on the problems encountered during the process, an important point to be added is that the applicant had done everything he was requested to do by staff and had staff's recommendation of approval at Planning Commission. This is an important part of the precedent being established for the relief granted from tap fees. RECORD OF PROCEEDINGS Minutes of Dublin City Council .Meeting Page 2 Meeting DAYTON LEGAL BLANK CO.. Held October 2, 1995 19 Mrs. Stillwell moved approval of the minutes subject to these corrections. Mrs. Boring seconded the motion. Vote on the motion - Mr. Kranstuber, yes;. Mrs. King, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Campbell, abstain. Approval of the Minutes of the Special 1Vleeting of September 25~ 1995 Mr. Zawaly moved to approve the minutes. Mr. Strip seconded the motion. Vote on the motion -Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Correspondence The clerk reported that two notices have been sent to Council regarding liquor permits: Italian Oven at Dublin Village Center is seeking a new D-1 permit and Service Station Holdings, Inc. at 6725 Perimeter Loop Drive is seeking new C-1 and C-2 permits. Mr. Gordon is present representing Italian Oven, and BP Oil has sent a letter regarding the Perimeter Loop applications. Mr. Gordon stated that an opening now exists for a D-1 (beer) license and an opening will occur early next year for a D-2 (wine) license. The Italian Oven will then relinquish the D-5 license under which they are currently operating. There was no objection to the Italian Oven D-1 permit. In regard to the BP permit, Mrs. Stillwell commented that she believes it is inappropriate to sell carry-out beer and wine at gas stations to patrons who then travel the roadways. Mrs. Boring, Mr. Strip, and Mr. Zawaly indicated that they, too, are opposed to carry-out sales of beer and wine at gas stations. Mrs. King stated that she will take this message to the state legislature via Bill Shuck. Discussion followed. Mr. Smith stated that an investigation could be undertaken within the Community Plan process regarding some land use zoning restrictions with respect to alcohol. Mayor Campbell summarized that although Council members have some concerns personally, from a legal standpoint, there is no objection that Council can register. Therefore, Council is not requesting a hearing at the liquor control department. Council members agreed. Mrs. Stillwell and Mrs. King will bring up this matter for discussion at the Community Plan meetings. ..Comments from Visitors Rov Lovell. 4980 Dublin Road registered to speak regarding the sewer project. Mr. Hansley noted that Mr. Lovell's concerns are related to Ordinance No. 45-95 which is to be addressed later on tonight's agenda. Mayor Campbell asked Mr. Lovell to hold .his comments until that time. Council Roundtable -Mr. Kranstuber reported.: 1. As a resident of Caplestone Lane, he will leave the Council Chambers during the discussion of the public street conversion later this evening. 2. Ms. Jordan asked him to bring to Council's attention the parkland contribution involved with a proposed rezoning of the Dublin Party House by S. Robert Davis. She has suggested that this matter be referred to Council's Public Services Committee for informal discussion. Mr. Kranstuber moved to refer informal discussion of the City's receptiveness to the Dublin Party House being included as park dedication for a proposed rezoning by S. Robert Davis. The Committee will study, investigate and report back to Council their recommendation. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes. Mr. Stria commented that staff deserves recognition for completing the Hard Road temporary traffic signal installation so quickly after Council approval. Mrs. King commented: 1. She will be interested to see if the Hard Road intersection opening has an impact on traffic counts on Bright Road, or if there is a decrease in the number of failure to yield citations at Bright Road. 2. She has asked the clerk to distribute some materials for staff which she has collected. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLA Held October 2, 1995 19 Mrs Stillwell re op rted. 1. Tomorrow evening and at noon on October 19, open houses are scheduled at the COTA headquarters on McKinley Avenue. Presentations will be made about their expanded service plans. COTA will also come to Council very soon to give this presentation. The clerk verified that COTA has a presentation scheduled before Council at 7 p.m, on Monday, October 16. 2. The contract between ODOT and the consultant for the design of the Dublin portion of I-270 is still not signed. The entire design process could be affected by this delay. Mr. Foegler stated that staff will likely host a meeting to help bring closure to that effort. Staff will report back to Council if additional support and input of other type is needed. 3. Financial participation has been requested from Dublin to support the expanded Greenways Plan.. MORPC has taken this project on in partnership with the Franklin Soil and Water Conservation District. They are looking to raise an additional $220,000 to match an initial grant from ODNR for the Plan. Dublin does not have a current policy regarding these types of requests. Mayor Campbell suggested that this be referred to the Finance Committee for study. Following brief discussion, Mrs. Stillwell moved to refer this request to the Finance Committee for " recommendation to Council on the City's participation in this effort. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. King, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Mr. Zawaiv acknowledged receipt of the October 2 memo from staff regarding the effort to get the City on-line with Internet. He is hopeful that the connection will be completed very soon. Mavor Campbell noted that a letter was sent from the Franklin County Engineer regarding the speed limit reduction request for Dublin Road. The State and county indicate that -they do not intend to change the limit. He suggested that this be communicated to the interested residents of the area on whose behalf Council members had lobbied for the speed reduction. Mr. Hansley commented that some additional speed enforcement has been provided for the 25 mph zone on Dublin Road. Staff has also targeted the island township areas for annexation so that Council would have the option of imposing-speed limits. Legislation Mayor Campbell announced that there is no action requested on previously tabled Ordinance Nos. 17-94 and 04-95. Ordinance No. 21-95 (Amended) - An Ordinance Amending Ordinance No. 62-SS (Amended) to Update the Arterial Traffic Plan for the City of Dublin. (Third reading tabled until October 2, 1995) Mr. Hansley stated that staff is recommending that this be left on the table. Mayor Campbell emphasized that without Council action tonight, the ordinance will be tabled indefinitely. Council's current policy requires that the ordinance be taken off the table and set for hearing at the meeting preceding the hearing date in order to allow public notice. There was no motion to remove 21-95 from the table. The ordinance is tabled indefinitely. 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 >F~antz Road and Hayden Run Road. (Tabled until October 2, 1995) Mrs. Stillwell moved to take this from the table. .Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; 1vlrs. King, yes. Mr. Hansley reported that staff and Council Member Stillwell are recommending adoption of the ordinance with the revised agreement provided to Council tonight. Discussions have taken place with Columbus and the affected Dublin residents over the past weeks, and the agreement was re- drafted to reflect Dublin's position. Columbus Servicebirector Tom Merritt believes that Columbus officials will concur with the terms of the agreement. In terms of Mr. Lovell's issues with the West Branch project, a stipulation has been included on the second page that Columbus agrees to coordinate the Hayden Run project with the West Branch interceptor sewer project and provide Dublin with written assurance that they have reviewed the need for. the sidewalk and the exit road i. I I i . « fin ~.f rrr I I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held October 2, 1995 19 with the property owner and reached agreement as to the need for that part of the project. Mr. Merritt has agreed to work with Mr. Joyce and with Mr. Lovell and the neighbors in this regard. Mrs. Stillwell added that the revised agreement reflects the input of the Dublin residents who are affected by this project and the sewer project. She is recommending adoption so that the project can move forward. She noted that Mr. Saad and Mr. Lovell are present tonight: Jim Saad 4938 Thornhill Lane Dublin thanked Council members and staff for their efforts in addressing the residents' concerns. Two remaining issues of concern to the residents are maintaining the turnaround at the end of Thornhill Lane, a no-outlet street, and the possibility of installation of additional landscaping behind the retaining wall. This area will be within the right-of--way and would be subject to take again. Therefore, the residents are hoping to work with the City to obtain additional landscaping to mitigate the additional traffic noise and view. Mr. Hansley responded that what is being proposed in the agreement is that when the project is completed, Dublin enter into a separate agreement through negotiation with the property owners to address the turnaround on the cul-de-sac and. replacement/maintenance of the landscaping. The costs involved may be in the $8.000 to $10,000 range plus staff time. Rov Lovell. 4980 Dublin Road asked what information has been provided to Columbus to support Dublin's point of view regarding the need for the emergency exit for the sewer shaft and the necessity for the sidewalk west of the mound. Mr. Hansley responded that the language in the agreement anticipates that Mr. Lovell will have the opportunity to make his case directly to Jim Joyce of Columbus. Staff is requesting that Mr. Joyce visit Mr: Lovell's home and view the area. Dublin staff will then request that Mr. Joyce respond in writing regarding the need for the sidewalk and the shaft exit road. Mr. Lovell stated that he will follow through with this appointment and thanked Mr. Hansley for his efforts. Mr. Zawaly pointed out that in the fourth from last of items which Columbus agrees to, the language should be made parallel with the language in the last item which Dublin agrees to. In other words, Dublin's share would be 40 percent reflecting the expected participation of the OPWC at 60 percent. Mr. Hansley agreed to revise the exhibit language to clarify this. Mr. Hansley assured Council that his intention is to have Mr. Joyce personally visit the site. He invited Council members to attend the meeting as well. He and Mr. Kindra will attend the meeting also. Mr. Kranstuber asked that staff invite him and Mrs. Stillwell to the meeting. Vote on the ordinance - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. King, yes; Mrs„ Stillwell, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs: Boring, yes. Mayor Campbell commented that OrdinanceNo. 65-95 has been tabled until November 6, 1995, and no Council action is necessary at this point: Ordinance No. 18-95 - An Ordinance Providing for a Change in Zoning for 11.927 Acres of Land Located Atong the West Side of I-270, Approximately 500 Feet South of Shier-Rings Road from: RI, Restricted Industrial District to: PCD, Planned Commerce District. (Corporate Park of Dublin) (Public Hearing tabled until October 2, 1995) (Applicant: Equity Dublin Associates, Bonnie Reinberg, agent, 22035 Chagrin Boulevard, Beachwood, OH 44122) Mayor Campbell noted that no one has registered in favor of the rezoning. There is one person registered as opposed to the rezoning. Richard Reinberg. 22035 Chagrin Boulevard Cleveland stated that this is incorrect. .With Mr. Reinberg's permission, Mayor Campbell corrected the record to state that Mr. Reinberg has registered in favor of the rezoning. Mr. Rubey stated that the application before Council is for a rezoning from RI to PCD. It was heard and approved by Planning Commission in June of 1995 with several conditions. The case had been brought to P&Z due to a condition of approval from February 1995 to permit a day care facility as a conditional use. The Restricted Industrial zoning district permits a number of manufacturing and wholesaling uses that staff felt were potentially dangerous next to a day care facility. Staff has worked with the applicant extensively in revising and compiling a zoning text that strictly dictates the types of uses which should be permitted and the types of uses which should be conditional in light of the day care facility. The applicant has made all of the changes requested by staff and P&Z. Among the conditions of approval were that the applicant come into compliance with the landscape i ~ RECORD.. OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK ' Held October 2, 1995 19 Code. P&Z held an informal discussion which outlines when and how the applicant should come into compliance with the landscape Code. The property owner has some problems with these issues which he will address following the staff presentation. Mr. Rubey then showed slides of the site and surrounding area. ` 1. The subject site is 11.9 acres with frontage along I-270. The ground slides show that the site has some interior landscaping shade trees and some mounding, but the landscape Code requires a continuous three-foot hedge on both sides of Shamrock Court to screen the parking lot from view. This is only one of a number of issues with landscaping. P&Z recommended that the applicant come into compliance with the Code by January 1, 2000 through a phased program. 2. Along the west boundary of the site, there are several overhead doors which need to be screened. Under Dublin's Code, this requires installation of a substantial amount of evergreen plant material. 3. - Just west of the site is the Columbus Southern Power substation. Staff is working on the alignment of the Coffman Road extension through this portion of the site. The landscaping is very sparse along this property line. 4. Along the south property line, Safety Solutions is located.. Additional landscaping and screening of the parking lot in this area are needed. 5. All of the dumpsters are currently being enclosed as part of the previous tenant improvement for the site. 6. Along I-270, the parking lot is clearly visible and requires landscaping. He noted that the applicant has come into compliance with most of the conditions of the original rezoning application. All of the issues not met are related to landscaping. Mrs. King commented that locating day care facilities close to where people live would reduce traffic congestion. From this standpoint, there are new businesses and new neighborhoods in the southwest area and this day care center meets the needs of both. Mr. Kranstuber asked if staff is satisfied with the ultimate landscaping plan, aside from the phasing issue. Mr. Rubey responded that staff does not have an ultimate landscape plan. The plan included in the packet is the one which was approved when the center was originally built in the mid-80's. The informal discussion at P&Z resulted in a request that staff work with the property owner to come up with a phased landscape plan to meet Dublin's Code by January 1, 2000. The site was constructed in the 80's and was in compliance with the landscape code at that time. The issue revolves around the day care facility. The applicant is not required to come into compliance with the landscape Code unless -they are substantially expanding the center. Mr. Zawaly stated that because of this frustration, P&Z had informal discussi®n regarding how to address the broader issue of the landscaping for the Corporate Park of Dublin. Mayor Campbell asked if the landscaping around this particular use will be in compliance from day one. Mr. Rubey responded that it will, but this is just one tenant space in a larger building. The day care facility activities will be screened from the freeway.' Mayor Campbell added that the rest of the center would then be in compliance with the Code in the future which would they would not normally have to do. Mr. Rubey confirmed this. Richard Reinber~, applicant. 23200 Chagrin Boulevard, Cleveland Ohio distributed photos of the site to Council. He stated that they came to the Dublin area in 1982 based upon future growth estimates. They spent $150,000 on landscaping, installing more than what was called for. Since that time, they have improved the landscaping every year. Through a difficult time, they have tried to maintain this property despite no more than 60 percent occupancy. A national day care center approached them in 1993; they went to P&Z in 1994 and received their support. After the fact, they were told that they should change the zoning'. The property owners agreed to do so since they never planned to have heavy industry use in the area. It was their intention at the time to move forward with the day care center. P&Z recommended the change in zoning and after the fact, stated that the landscaping plan must comply with 1995 Code. Changing any portion is a hardship based upon estimates of a minimum of $20,000. They have already spent $50,000 on fountains in front of the Park for aesthetic purposes. He noted that the adjacent property owners have no issues with them regarding landscaping/screening. The 270 view is of the fountains and the front landscaping and is as nice as any along the freeway, although not incompliance with current Code. Installing the Code required landscaping would block the view of the fountains. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK CO., R I Held October 2, 1995 19 Mayor Campbell noted that five P&Z members voted in favor of this application and the applicant's representative appeared and agreed to the 5 conditions, including the provision of upgrading the landscaping to comply with current Code. Is the applicant now saying he does not agree with the conditions? Mr. Reinberg responded that he would like to have this rezoned if that is what the City wishes. He does not agree with paying for an additional $100,000 for landscaping, however. Mr. Kranstuber asked if the day care use is permitted without the rezoning. Mr. Rubey responded that the day care center was a conditional use. The problem in approving a day care facility without a rezoning is that the existing RI zoning district would permit wholesale manufacturing tenant space to go in next door to a day care facility. Mayor Campbell summarized stated that the rezoning request was encouraged by staff, the applicant does not want the rezoning, and now the applicant has additional landscaping requirements imposed upon him. Mr. I{ranstuber commented that, while he is sympathetic to the financial argument, the slides show that the landscaping is grossly inadequate compared to other buildings in the City. Mr. Kranstuber suggested that, if four members of Council concur, staff be directed to meet with the applicant over the next two weeks to come up with a compromise. Mr. Rubey responded that this option was suggested from the onset. With the conditional use, staff's recommendation was for the site to come into partial compliance with the landscaping Code. P&Z did not agree, believing that the site should come into complete compliance. Mr. Zawaly stated that this is accurate. The Commission struggled with what the trigger mechanism would be for full compliance in view of the need for adequate cash flow to do so. Staff had recommended afive-year implementation and the Commission agreed upon a January 1, 2000 completion date. The phased process was to be worked out with staff, and was to be sensitive to the applicant's cash flow. Mrs. Boring asked for confirmation that the applicant went through the entire rezoning process due to safety concerns involving the other uses near the day care center and the rezoning then triggered the imposition of current landscaping standards. Mr. Reinberg confirmed this. Mr. Foegler commented that the rezoning did not trigger this condition; rather, it was a discretionary condition that was applied. Staff had recommended one level and P&Z recommended full compliance with current Code. If either or neither of those standards is too strict, Council can do something less. Staff could work with the applicant over the next two weeks to work out a reasonable level of critical landscaping. Mr. Kranstuber asked if the City can require the applicant to comply with a condition he does not agree with. Mr. Smith responded that, according to the P&Z minutes, the conditions were accepted by the applicant's agent. However, as the applicant, Mr. Reinberg could withdraw the application entirely. The best option, as suggested by Mr. Foegler, is that staff work with the applicant over the next two weeks to suggest some type of compromise. Mr. Zawaly commented that P&Z's major concern was that this is I-270 frontage and is grossly not in compliance. The Commission felt that mounding is needed to soften the exposure of the parking lots. The other factor to consider is that this area will have Emerald Parkway exposure. Mayor Campbell summarized that there seems to be a willingness on both sides to discuss this further. The consensus of Council is that a compromise can be proposed which will meet both the applicant's and the City's needs. Unless there is an objection, he would encourage the applicant and staff to work through the compromise issues over the next two weeks. Mr. Strip commented that from staff's perspective, there is an issue of fairness involved. The applicant is going along with the rezoning as encouraged by the City. The City may wish to do a favor for the applicant in turn. Secondly, this is an unusual situation which may not come up again. He urges a compromise between the applicant and staff so that a vote can be taken in two weeks. Mrs. Boring stated that she agrees with Mr. Strip. However, in the future, in the interest of saving citizens' and Planning & Zoning Commission members' time, she requested that Mr. Reinberg not i RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK R Held October 2, 1995 19 send an agent to the hearing. Mr. Reinberg responded that the point is well taken. Mrs. King noted that she concurs with Mr. Strip's comments and applauds the applicant's willingness to work with the City. Mayor Campbell encouraged staff and the applicant to come up with a compromise regarding the landscaping issue prior to the third reading on October 16 1995. Ordinance No. 36-95 - An Ordinance Providing for a Change in Zoning for 5.665 Acres of Land Located on the North Side of Bridge Street, Approximately 300 Feet West of High Street from: R-2, Limited Suburban Residential District to: SO, Suburban Office/Institutional District. (Dublin City Schools) (Public Hearing) (Applicant: Dublin City Schools, c/o Christopher S. Mohr, 7030 Coffinan Road; Dublin, OH 43017) Mayor Campbell noted that Council has received a letter from Dublin Schools requesting that this be tabled until further notice. Mr. Strip moved to table this ordinance indefinitely. Mr. Zawaly seconded the motion. Mrs. King suggested that anyone present to testify on this ordinance to come forward. There was no one present to testify. Mr. Strip asked that Mr. Smith advise the Dublin Schools of Council's policy in regard to removing items from the table. Vote on the motion -Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes. Ordinance No. 94-95 - 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. ('Third Reading) Mr. Hansley stated that staff is recommending adoption at this time. Vote on the ordinance - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Ordinance No. 95-95 - An Ordinance Accepting the Lowest and Best Bid for M.L. "Red" Trabue Nature Reserve -Phase 2/ Earlsford Bikepath Connector, and Declaring an Emergency. (Third Reading) Mr. Hansley stated that staff is requesting emergency action due to the timeframe of the bids and so that constructed can be completed prior to winter. Mr. Kranstuber moved to treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes. Mrs. King asked. for the total mileage of bikepaths in the City, including this portion and how does Dublin compares to adjacent communities, either on a total number of miles basis or on a per capita basis or national standard? Mr. Hansley stated that staff will respond within two weeks. Mr. Kranstuber added that the Public Services Committee will meet regarding bikepaths this month. Mr. Hahn reported that there are approximately 15.5 miles at present within the City. This project is 1/10 of a mile, but it is an important link. Mrs. King added that when she came on Council in 1989, the City had approximately one-third of this amount of bikeway. Council has made great progress on their goal of making the City more pedestrian friendly. Vote on the ordinance -Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Kranstuber, .yes; Mrs. King, yes; Mrs. Boring, yes; Mr: Zawaly, yes. 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. (Third Reading) Mr. Hansley stated that staff is recommending adoption. Vote on the ordinance - Mr. Zawaly, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; 11~Ir. Strip, yes. Ordinance No. 99-95 (Amended) - An Ordinance Amending Ordinance No. 24-90, Griggs Reservoir Lease Agreement, and Authorizing the City Manager to Execute a License Agreement. (Third Reading) is - RECORD OF PROCEEDiNC~S Dublin Cit Council Meetin Minutes of Y g Page 8 Meeting DAYTON LEGAL BLANK Held. October 2, 1995 19 Mr. Strip moved to amend the ordinance per the version presented to Council tonight. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. King, yes. Vote on the ordinance - Mr. Strip, yes; Mrs. King, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Resolution No. 25-95 - A Resolution Accepting the Vision Statement of the Dublin Community Plan. (Second Reading) Ms. Fierce stated the visioning statement represents the collective efforts of the 16-member Steering Committee on which three Council members are serving. It was adopted in July by the Committee and adopted by Planning Commission in August. The statement will be included in the final version of the "Visioning Report" which incorporates the community participation provided during the various workshops held over the past year. The statement is intended to serve as the fundamental basis of the Community Plan and is intended to provide a broad policy statement and help guide the remainder of the Plan process. She then introduced Dave King, Chair of the Steering Committee and noted that Vice Chair Edith Driscoll and members Mike Baker, Myron Terlecky and Larry Vance are present this evening. Dave King. Chair of the Community Plan Steering Committee noted that the packet contained a schedule of tasks over the coming months. The Committee is phasing from a fact and information gathering period into more specific tasks. Subsequent to Council's first reading of the resolution, he spoke with several Council members. Council's comments were brought to a Steering Committee subcommittee and they will meet next week in preparation for the full Committee meeting on October 12. He encouraged all members of Council and Administration to attend the October 12 meeting. Much of the agenda will be devoted to discussion of the visioning statement. What will be addressed and revisited at the subcommittee meeting and the full committee meeting is what is the purpose of the visioning statement and what levels. of specific information should a vision statement address. Mayor Campbell noted that Mr. Zawaly has provided an alternative visioning statement draft to Council tonight. He commented that the language in the draft is excellent, and Mr. Zawaly's point is well taken that Council needs to find a balance between specificity and generality. Mr. Zawaly stated that he is pleased to hear that the Committee will revisit the matter and debate whether the statement should come at the end of the process rather than at the beginning. He noted that the visioning statement the Committee' has prepared is too much of a policy statement. The vision for Dublin should not be a policy statement with principles and policy language; rather, it should be a descriptive explanation of what we see as our vision. He asked that his second draft be included in the record. (Attached as Exhibit A) He thanked the Committee members for all of the work put into this effort to date. Mr. King provided more background on the development of the visioning statement. They now plan to work on the visioning statement in concurrence with other activities in order to maintain the timeline. If Council, however, requests that. the Committee revisit the information contained within the goal statements and the principles, the timeline of the process will be impacted. Mr. Zawaly added that the vision statement should be something from which anyone can understand what the future of Dublin should be according to its community members. The current draft is merely an extension of the City's mission statement and not really a visioning statement. Mr. Kranstuber stated that he tends to agree with Mr. Zawaly. He asked Mr. King if he has .frustrations with the speed of the process and if he has confidence that when this is all completed, the document will be of sufficient specificity that it will be useful Mr. King responded that he is confident that this capable group will produce a document which will be useful yet flexible. The Committee fully understands that, given the size of the group, the size of the task and given the need for consensus among the many groups involved in the entire process, it will take time. Mayor Campbell commented that Mr. King has done an excellent job of leading the Steering Committee. On behalf of Council, he thanked all of the Committee members for their hard work. He added that Council is the elected body and as everyone is aware has the final decision; however, he assured the Committee members that all of the different views expressed throughout the process will be carefully considered before the Plan is finally adopted. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK Held October 2, 1995 19 Mrs. Boring asked Ms. Fierce if in her viewpoint the Steering Committee has provided a vision statement that fulfills the requirement. Ms. Fierce stated that under the definition in the report, she believes that it does fulfill the requirement. However, she was not actively involved in the development of the statement. Mrs. Boring noted that she believes Mr. Zawaly's draft is somewhat too specific, and she hopes a balance can be achieved between the two versions. Mrs. Stillwell applauded the work of the Committee in drafting the visioning statement. The Committee will continue to work on this document and she invited Council members to share their comments with the Council representatives to the Committee. Mrs. King encouraged everyone to continue to keep the citizens and businesses informed about the progress of the Community Plan process, utilizing all of the communication forms available to the City. There will be a third reading at the October 16 Council meeting. Mayor Campbell noted that the next item on the agenda is the first of three consent items. Ordinance Nos. 100-95, 102-95 and 103-95 are proposed as consent items. Ordinance No. 100-95 - An Ordinance Vacating a Sanitary Sewer Easement in Reserve A of Shamrock II. (Second Reading) Ordinance No. 103-95 - An Ordinance Amending Section 1189 (Signs) of the Planning and Zoning Code. (Hirst Reading) He asked for a motion to waive the readings, introduce ordinances 102-95 and 103-95, hold Ordinance No. 100-95 over for third reading, refer 102-95 to Planning & Zoning Commission, and hold 103-95 over for second reading. Mr. Zawaly so moved. Mr. Strip seconded the motion. f ~ Mrs. Boring requested that Ordinance No. 102-95 be removed from the motion since it involves a rezoning. Mayor Campbell stated that Ordinance No. 102-95 would then be removed from the consent agenda and treated separately. Vote on the motion -Mrs. Boring, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs.. Stillwell, yes; Mr. Strip, yes; Mayor Campbell, yes. Ordinance No. 101-95 - An Ordinance Authorizing the Replacement of the Roof, Rooftop HVAC Units and Related Systems/Equipment and Installation of Screening for Rooftop Units for the 5800 Building, Waiving Competitive Bidding Requirements, and Declaring an Emergency. (Second Reading) Mr. Hansley stated that a memo was provided by Mr. McDaniel responding to concerns raised at the last Council meeting. Staff is requesting emergency action tonight to ensure completion before winter. Mr. Strip commented that he is satisfied with the responses provided by staff to his concerns. He disclosed that he had a professional relationship with the company proposed for contract. He has had no such relationship with the company for the past two years and therefore sees no conflict in voting upon this matter if his vote is needed. for passage by emergency. Mr. Smith responded that he agrees with Mr. Strip's evaluation. Mr. Zawaly 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. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, abstain; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes. Vote on the ordinance - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mayor .Campbell, yes; Mr. Strip, abstain; Mrs. Boring, yes; Mrs. King, yes. Ordinance No. 102-95 - An Ordinance Providing for a Change in Zoning for 34.4 Acres of Land Located West of Blazer Parkway and North of 7Cuttle Crossing from: PCD, Planned Commerce District to: PCD, Planned Commerce District. (Tuttle Crossing Subarea A) (First Reading) (Applicant: Duke Realty Limited Partnership, Donald J. Hunter, 4700 Lakehurst Ct., Suite 150, Dublin, OH 43017) Mr. Strip introduced the ordinance and moved to refer it to Planning & Zoning Commission. Mrs. Boring seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes. a I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK R Held October 2, 1995 19 OTI~R Mr. Kranstuber dismissed himself from the meeting at this point since he is a resident of Caplestone Lane. Proposal for Acceptance of Caplestone Lane as a Public Street ` Mayor Campbell noted that this item is included on the agenda based upon the memo circulated to Council members at the end of August. The memo was also circulated to the affected residents. He asked Mr. Felry to express the resident's' view regarding the concept endorsed in the memo of August 29, 1995. Rob Felty, 5557 Caplestone Lane stated that the Association would like to move forward per the memo. Mayor Campbell noted that he had met with Mr. Hansley, Mr. Foegler, and the trustees of the - - - -homeowners association to bring closure to this matter. He had placed this on tonight's agenda so that Council could accept or reject the concept of the discussions. In the memo, conditions are noted which must be met and various mechanical steps must be taken by staff if Council approves the concepts outlined in the memo. In response to Mr. Strip, Mayor Campbell stated that he recommends approval of this compromise which provides an opportunity to resolve a difficult situation for all parties concerned. He briefly described the concepts outlined in the memorandum of August 29, 1995. Mayor Campbell moved to approve the concept as set forth in the memo of August 29, 1995. Mr. Strip seconded the motion. Mr. Zawaly commented that he is willing to endorse the concept, but he will very interested in the mechanics. He wants to ensure that the taxpayers are protected in this and that a bad precedent is not being established. It is also important that the exposure for the City is addressed by way of any default. p.-- Mayor Campbell responded that the concerns are well taken. No one wants to jeopardize the position of the City financially, and that is what everyone hopes to avoid. Mrs. King thanked Mayor Campbell for his efforts in finding a resolution. She added that private streets are similar to pollution: it's easier to prevent it than to fix it later. Mayor Campbell agreed that the City does need to be cautious in the future about private streets. He added that this situation is unique in .that it involves single-family homes in a non-gated development. Vote on the motion - Mr. Strip, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Zawaly, yes. Mayor Campbell stated that the concept is approved and staff is directed to undertake the .steps to accomplish those things that are addressed in the memo. Council Committees Mrs. King, Community Development Committee stated that they met last week, and the draft minutes have been provided to Council. The minutes will bring Council members up to date on discussions regarding the proposed I-73 turnpike. The Planning Commission has been asked to provide input to the Committee about city-wide uniform fencing restrictions prior to the next Committee meeting on October 25. Mrs. Stillwell reported that the Administrative Committee rnet immediately following the Development Committee meeting. Minutes wily be distributed when they are completed. 1. Discussion took place regarding the process for board and commission appointments. The g' nterviews and Saturday Y Y~ morn nitteNovembert1181if needed~SheP~invitded Councilbmembe sr to participate in the 15- minute interviews and the Committee proposes that standard questions be asked of all the candidates as well as specific questions depending upon the board or commission for which they have applied. Mrs. Stillwell stated that a matrix is being put together by staff with the available openings. The Committee is working on interview questions. 2. The Committee is working on a timeline for performance evaluations for the City Manager and the Clerk of Council. They are researching other instruments for the city manager evaluation in response to comments from last year. 3. A decision needs to be made about the future of the Expo event, and Ms. Puskarcik will provide additional information to the Committee for evaluation. 4. The reporting surveys have been taken under advisement by the Committee. Some alternative reporting forms have been provided to the City Manager. 5. The next meeting of the Committee is Wednesday, October 25 following the Development i I : ~ RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK Held October 2, 1995 19 Committee meeting. Mrs. Stillwell noted in regard to the Greenways funding request previously discussed that Ms. Crandall had researched this matter, and it appears that MORPC is seeking contributions of approximately $5,000 from jurisdictions as well as private foundations. Mr. Zawaly, Charter Review and Revision Commission announced that the Commission will meet tomorrow evening at 6:30 p.m. Council's workshop sessions on the Charter are scheduled for Tuesday evening, October 10 and Monday evening, October 23. Following brief discussion, it was the consensus of Council to change the time of the Tuesday meeting from 6 p.m. to 7 p.m. There will be no land acquisition session on October 10 as previously scheduled. The Charter workshop session on October 23 will begin at 7 p.m. Mrs. King noted that she will be returning from out of town on Monday, October 16 and will be late for the Council meeting. Mr. Smith reported that he will be out of town on October 16 and another member of his firm will attend the Council meeting. The meeting was adjourned. at 9:50 p.m. Mayo - esidi ffi ~ Clerk of Council I d~ I ~ DUBLIN 'VISION STATEMENT SECOND DRAFT PETER ZAWALY ..10/02/95 As those who live and work in Dublin, Ohio, we hold a vision for our city that embraces our unique identity as a vibrant community striving to preserve and enhance its quality of life for people of all ages through the finest of education, transportation, public services, human services, and facilities; its heritage through such images as dry-laid stone walls and historical_~sites; its natural resources through abundant water features, trees, and green, open spaces; its neighborhoods.. with easy access to parks and recreation through pedestrian walkways and bikepaths; its architectural integrity through .high standards of quality and durability; its balanced tax base through fiscal .responsibility designed for the controlled growth of first and world class businesses; all to be achieved as a regional partner with other Central Ohio communities, and throu h g a fr res onsive P , professional and open government dedicated to the highest values of .participatory democracy. r