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HomeMy WebLinkAbout11/20/1995 =RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Held November 20, 1995 19 Mayor Campbell called the work session ofDublin City Council to order at 7:30 p.m.. on Monday, November 20, 1995. staff Comments MrMr. Hanslev noted that a revised version of Ordinance No. 111-95 has been distributed to Council this evening. The red-lined version attached shows the. changes. Mr. Smith reported the following: 1. Regarding the transfer of liquor permits at the Omega station discussed at the November 6 Council meeting, the school district has filed two objections -one for each of the schools located across the street. He will follow through and report back to Council on the status. 2. As requested by Mrs. King, he will have a report at the next meeting regarding the sewer system hook-up issue at the Gray property. 3. A hearing took place today at the Board of Elections and the Board certified petitions to place the local liquor option related to the Marriott Hotel at Tuttle Crossing on the March primary ballot. Council has been briefed on this matter by the City Manager. The precinct residents have advocated taking this to a vote. The vote would allow a site specific liquor permit. Mayor Campbell added that this relates to afull-service, 350-room hotel to be located in the Dublin portion of the Tuttle Crossing interchange pending approval of the liquor option. 4. Under first readings this evening is Ordinance No. 112-95 to amend the video games ordinance. A draft version of the ordinance was provided, but the Law Department will forward a memo and a revised version of the ordinance prior to the time of second reading. The legislation is sponsored by Mr. Strip. 5. Mr. Banchefsky is present to report to Council on the proposed Muirfield Maintenance agreement and the conflict of interest issues raised .regarding Council members who reside in Muirfield Village. Mr. Banchefskv commented as follows: 1. There was discussion at the Public Services Committee meeting relating to the Muirfield Maintenance Agreement, and. whether there would be a conflict of interest for the Muirfield residents who serve on Council 2. Their legal opinion is that Council Member Zawaly would clearly have a conflict of interest since he serves on the Board of the Muirfield Association. In addition, the Ohio Ethics Commission has indicated informally that they also believe Mr. Zavvaly would have a conflict as a Board member. They commented that mere membership in an Association does not in and of itself create a conflict, ,however a person with authority in an Association does have a conflict. 3. The Ethics Commission was not willing to address the provisions in the Council Rules of Order which state that, "no member'.shall vote on any question where he/she or a member of a Council member's immediate family has a financial or monetary interest in the result." Since the Council rules pre-date significantly the new statute on which the Ethics Commission is basing their informal opinion, the Law Director's office does not believe there is a conflict of interest under the Rules of Order. 4. An issue could then be raised of home rule as the Rules of Order are an outgrowth of the Charter. The Revised Code defines anything of value as something manifestly substantial which could cause improper influence. In this case, there is a potential of increased dues to Association members, but this may not happen for many years, if ever. 5. Lastly, many votes by Council have financial impacts on them as citizens of Dublin. Thus a determination that there is a conflict in this situation could cause numerous other conflicts in the future that are not defined in,that way under State Code. Mrs. Boring commented that a letter being circulated to the residents has indicated that there will be a financial impact on them if the agreement is not approved. Mr. Banchefsky stated that he has not. seen the letter, but the legal staff stands by their opinion that the financial impact is nebulous and uncertain. 6. Mr. Banchefsky added that their opinion should not preclude any Council member who wishes to abstain from doing so. That would be a personal decision. Mr. Zawaly acknowledged for the record that he is a member of the Board of Trustees and President of the Muirfield Association, Inc. which is a'separate entity from the Muirfield Civic Association. He will recuse himself from this matter when it is addressed later on the agenda. Mr. McDaniel reported that the City of Dublin received White Glove awards this week from the RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held November 20, 1995 19 Keep Franklin County Beautiful Committee; one for the Civic Beautification program and one for Landsca e~Advisor brCommitteeacPaulal Ch's the efforts of Marge Rosher Chairperson, Tree and p y ope; Urban Forester, and the Solid Waste Advisory Committee on these programs. Another award announced was the Solid Waste Authority of Central Ohio's Board of Trustees Award of Excellence in recognition of Dublin's comprehensive solid waste management plan. The awards are all on display in the lobby. Ms. Jordan commented as follows: 1. The Parks Division and Planning Division shared an award from the Colour Columbus program for the day lily plantings along 161. Mary Newcomb designed the project and the Parks Division did the plantings. 2. Recreation staff has been meeting with various pool user groups in the City to determine their needs for organized. swim team programs at the Rec Center. 3. The City is doing a collaborative project with the Dublin Scioto High School art education department, the OSU Department o` f Art Education, and the Wexner Center on a student- generated public sculpture that will likely be located in the Coffman Park area. A presentation will be made to Council at the second December meeting. Mayor Campbell commented briefly on the outstanding year-round performance of the Service Department -Divisions of Parks & Recreation, Maintenance, and Parks Maintenance, as well as the Police Division. The employees are highly visible to the public and have done their jobs in a manner of which the City can be proud. He' asked that the staff members present pass along these comments to their employees. Mrs. King suggested as afollow-up that the next annual report feature a section such as "Definitely Award Winning" highlighting the awards the City receives. Ms. Puskarcik: 1. Read a letter to Council on behalf of the Wendy's Three Tour Challenge Tournament ' sponsors, thanking the City for their support. The Tournament generated over $500,000 for the Dave Thomas Foundation for Adoption. She presented a framed commemorative poster with the participant's signatures to the City. She also reminded Council that the Tournament will be broadcast on ABC on December 23 and 24. 2. Reported that Dublin Schools have requested that Council temporarily waive the sign code to allow for community support of"the Dublin Scioto High School football team who are playing in the State tournaments. Mr. Strip moved to temporarily suspend or modify the sign code to allow for support of the football team at the state tournament. Mrs. Stillwell seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Kranstuber, yes. 3. Reminded Council that the tree lighting is scheduled. at 6:30 p.m. on Tuesday, December 5 and invited everyone to attend. Mayor Campbell called the formal session to order at 7:55 p.m. Mr. Zawaly led the Pledge of Allegiance. Roll Call Council members present were: Mayor Campbell, Mrs. Boring, Mrs. King, Mr. Kranstuber, Mrs. Stillwell, Mr. Strip and Mr. Zawaly. Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Mr, Banchefsky, Ms. ' Grigsby, Mr. Kindra, Ms. Clarke, Mr. McDaniel, Mr. Lenz, Ms. Puskarck, Ms. Bearden, Ms. ' Jordan, Chief Ferrell and Ms. Crandall Approval of Minutes of November 6, 1995 Meeting The clerk reported that the minutes are not completed at this time. The minutes will be considered for approval at the December 11, 1995 meeting. Correspondence The clerk reported that there is no correspondence requiring Council action. Comments from Visitors Fred Gardner, 7287 PenneYroyal Place, Dublin stated that he has sent each Council member a letter conveying his concerns about the tone and. type of campaign on both sides of the referendum. Because of this, the quest for truth was somewhat clouded. He wants to ensure that in the future, r , RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting ~ DAYiON LEGAL BLANK C Held November 20, 1995 19 the citizens of Dublin can be given a more objective viewpoint from all parties involved in such issues in the interest of quality planning and zoning. Council Roundtable Mrs. Stillwell reported as follows: 1. Dublin projects previously submitted to MORPC for review for transportation enhancement program funding have now been ranked, and the bikeway project is number 3, and the I- 270/US 33 interchange landscaping is number 6 on the list of 8. These will now be forwarded to ODOT for review. However, the dollars available for these kinds of projects are limited, and the outcome is still uncertain. Mrs. King commented that letters of support from Dublin community organizations would be helpful, and she believes neighborhood groups would be willing to help. 2. The Ashland Chemical expansion is'great news for the community, and she congratulated the Development Department staff who have worked on this project. 3. She was pleased to see the positive letter from resident Peggy Ruhlin regarding the City's infiltration/inflow reduction program. 4. Congratulations to Mr. Hansley on his appointment to the Innovations Group. Mr. Zawalv commented as follows: 1. The letter from Ms. Ruhlin regarding the infiltration & inflow reduction program described the Dublin crew as courteous, helpful and professional. Council is very appreciative of the crew's efforts. 2. He noted that the Ashland Chemical''expansion adds a 120,000 square foot building and will create 300 to 350 new jobs. The additional payroll will be approximately $48,375,000 and the construction project will total $15 million. Congratulations to staff for their diligence in coordinating State and local government cooperation to secure this expansion. 3. He has provided copies to Council` members of the Squires, Sanders letter regarding the ~ resolution of the issues related to the Nicklaus museum. He is confident that the concerns of the neighbors have been addressed and hopeful that the matter can be resolved at the next Planning Commission meeting. Mayor Campbell praised Dublin Police Officer Joe Stritmatter whom he recently observed late in the evening lending assistance to two elderly women who needed directions. When employees go the extra mile to help people, it is important for the City to recognize their efforts. They are much appreciated, and he asked that his thanks be conveyed to the Police division. Legislation Public Hearings Ordinance No. 65-95 - An Ordinance Providing for the Submission to the Electorate of an Amended Charter of the City of Dublin. (Public Hearing) There were no registered proponents or opponents of the ordinance. Mr. Zawaly, Chairperson of the Charter Review & Revision Commission, stated as follows: 1. Amendments are needed to the ordinance as drafted to substitute "revised" for "amended" as it is the Commission's belief that the document has been completely reviewed and revised, rather than merely amended. These substitutions must be made in the title and in the body of the ordinance. 2. The document before Council reflects the changes made to date, and he noted that since Council's last workshop there have been some additional minor changes for purposes of consistency. Those changes are highlighted in the document given to Council this evening. None of these changes are substantive. 3. He thanked Mrs. Stillwell and all members. who have served on the Commission, noting that they will be invited to attend the third reading of the ordinance. Mr. Zawaly moved to amend the ordinance to include the 0xhibit provided to Council this evening, and to substitute "revised" for the word "amended" Charter in the title and body of the ordinance. Mrs. Stillwell 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. Mr. Smith commented that he was with the City at the time the first Charter was drafted. The current Charter Commission, under Mr. Zawaly's guidance, has kept a very succinct record which will prove useful in the future when matters of interpretations are brought forward. He commended Mr. Zawaly, the Commission members and staff for their hard work on this project. Mr. Zawaly stated that he will propose that the Commission members be included in the St. Patrick's RECORD OF PR®CEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK ~ ~ ~ Held November 20, 1995 19 Day parade which falls shortly before the vote on the Charter. Mayor Campbell noted that the Commission members should also be included in the annual board and commission recognition program which will take place early in 1996. There will be a third reading at the December 11, 1995 Council meeting. Ordinance No. 80-95 - An Ordinance Providing for a Change in Zoning for 23.525 Acres of Land Located on the East Side of Avery Road, Approximately 350 Feet South of Memorial Drive, from: R-1, Restricted Suburban Residential District to: PTJD, Planned Unit Development District. (Muirfield Village -Phase 45) (Public Hearing) (Applicant: D & A Associates, Douglas K. Abel, P.O. Box 129, Hilliard, OH 43026 c/o Steve Russi, General Counsel) There were no registered proponents or opponents to the ordinance. Ms. Clarke stated that this is a combined ~conceptplan and preliminary development plan. She showed slides of the site and surrounding area, pointing out the proposed accessway across from Greyfriar Way. The plat will later need to be .amended to permit a public street to go through the reserve area. The proposal is for 381ots within a new section of Muirfield called Phase 45 with 4.5 acres of open space, exceeding the parkland dedication requirement. This is an area, however, within Muirfield where the parkland would' not be publicly dedicated but would be added to the Muirfield open space program. The application was reviewed by Planning Commission on September 21 and they recommended approval on the bases that the area is single-family homes with a density of 1.6 units per acre, which is consistent with the rest of Muirfield. The proposal provides a logical extension of the Muirfield development and bikepath system. The approval was with 12 conditions, most of which have already been satisfied: 1. That the applicant replan Muirfield Village Phase 30 to allow access through Reserve MMMM from Memorial Drive; 2. That "no vehicular access" from the three lots backing up to Memorial Drive be shown on the final plat; 3. That the applicant meet with engineering staff to discuss design of cul-de-sac islands before proceeding with final designs; 4. That the retention basins shown in Reserve A be wet ponds designed according to the requirements of the City Engineer and that access easement be provided; 5. That a tree preservation plan be submitted for this site, subject to staff approval; 6. That all reserves be deeded to Muirfield Village Association upon retarding the plat; 7. That sidewalks and street trees be installed along both sides of all streets, except as waived by City Council; 8. That all streets be 28 feet wide with 50 feet of right-of--way; 9. That all bikepaths be installed. at the time of roadway construction, and as approved by staff; 10. That the site be accepted by the Muirfield Village Association, and developed as a phase of Muirfield Village; She noted that if this phase were not developed as a new section of Muirfield Village with the bikepath system connections, staff feels this would not be an appropriate plan and would have to start over to address requirements such as public parkland. 11. That the revised bikepath plan as presented at the meeting be subject to staff approval; and 12. That the new road intersecting Memorial Drive opposite Greyfriar Way be named Greyfriar Road. The applicant accepted these conditions. Mrs. King asked how this phase fits with the new section of Muirfield to the south along Brand Road. She believes pedestrian and vehicular connections are important between subdivisions. Ms. Clarke stated that there is one portion of contiguous lot line, but no connections to the neighborhoods. She is confident, however, that bkepath and pedestrian connections will be available . for the two areas. Mrs. King recalls that previous discussion took place at Council with the Amberleigh subdivision review regarding monetary contributions to the City when street tree waivers are granted. She wants to ensure that the standards are applied consistently. Ms. Clarke offered to check the records on this prior to the third reading. There was no other testimony on the rezoning. There will be a third reading at the December 11, 1995 Council meeting. RECORD OF" PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting ' DAYTON LEGAL BLANK Held November 20, 1995 19 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 Tuttle Crossing from: PCD, Planned Commerce District to: PCD, Planned Commerce District. (Tuttle Crossing Subarea A) (Public Hearing) (Applicant: Duke Realty Limited'Partnership, Donald J. Hunter, Vice President/General Manager, 4700 Lakehurst Court, Suite 150, Dublin, OH 43017) Mayor Campbell read a letter from Mark Marsh of Duke Realty stating that they are revising their request on the zoning variance for the lot split to create a new subarea, and due to these changes, they are requesting that the public hearing be delayed until December 11, 1995. Mr. Zawaly moved to table the public hearing of the ordinance until December 11, 1995. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr,. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Mayor Campbell stated that the public hearing will be held on December 11, 1995. Tabled Ordinances Ordinance No. 17-94 - An Ordinance Granting a Franchise to Columbus Southern Power Company to Construct, Maintain and Operate Lines, Appurtenances and Appliances for Conducting Electricity In, Over, Under and Through the Streets, Avenues, Alleys and Public Places of the City of Dublin. (Third reading tabled indefinitely) Mr. Hansley stated that staff is inactive negotiations with Columbus Southern and expects resolution within a few months. Ordinance No. 04-95 - An Ordinance Providing for a Change in Zoning for 2.6871 Acres of Land Located on the Southeast Corner of -Avery Road and Post Road from: LI, Limited Industrial District to: PCD, Planned Commerce District. (Ashland Oil Company - SuperAmerica.) ('Third reading tabled indefinitely) (Applicant: Ashland Oil Company, Jeffrey Brown, Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mayor Campbell commented that Mr. Brown has asked to address Council on this matter tonight. Jeffrey L. Brown, attorney representing,applcantAshIand Oil ComnanX stated that he had submitted a letter to the City prior to the November 6 Council meeting asking that this ordinance be set for a hearing. At the last hearing of the matter, Council explained that as a procedural matter, a request to remove from the table must be made at one meeting, and Council would then set it for a hearing at the following meeting. They are now ready to proceed. They have examined the other sites, as previously requested, and are comfortable that-this is the site they want. They are requesting that Council set a hearing for the next meeting. ' Mayor Campbell asked Mr. Brown to provide details on the other sites considered and the results of their investigation, since the applicant had requested tabling in order to do this research. Mr. Brown stated that: 1. The alternate sites considered were one in Perimeter and another across the street from Perimeter on the Riverside property. Since the Perimeter site is on the "homebound" site, it would be an appropriate location.: However, there are problems on this site in terms of deed restrictions with the BP station located there and the Big Bear store. 2. The Riverside property location is undesirable from a traffic standpoint, and that zoning contains restrictions in terms of not allowing access to Avery/Muirfield Road, requiring an orientation of the buildings to the interior development, and other undesirable development restrictions. After investigating the other sites in the corridor in which they want to locate, they have rejected them for these reasons. Mrs. King moved that Ordinance No. 04-95 be taken from the table and set for a vote at the next regularly scheduled Council meeting on December 11, 1995. Mr. Strip seconded the motion. Mrs. Boring commented that at the last Council meeting, Council had endorsed the staff recommendation that another public hearing be scheduled with 21 days' notice provided. Mayor Campbell noted that a discussion took place regarding giving both sides the opportunity to come in and add to their previous testimony because of the time lapse on this application and the new information available. He, personally, is awaiting feedback from civic associations in his ward, and would like that input prior to the next hearing. Finally, voting on this application at the end of December when two Council members will' not be returning and in view of the public opposition does not seem appropriate.. _a, ~ - ~i u RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK Held November 20, 1995 19 Mrs. King stated that she respects the Mayor's opinion, but she believes she was elected to serve until December 31. This Council is the group that has heard all of the testimony, has reviewed the information, and now has an obligation to vote. Vote on the motion - Mr. Strip, yes; Mrs. Boring, no; Mrs. Stillwell, no; Mr. Zawaly, yes; Mr. Kranstuber, no; Mayor Campbell, no; Mrs. 'King, yes. Mrs. King asked if there is a Council member interested in setting a hearing for December 18. Mrs. Boring noted that the Council members elect were given a clear message from the voters and she believes it is time to listen. The new members will be thoroughly educated on the matter prior to the vote. There was no further motion from Council and no action taken on the ordinance. The ordinance remains tabled indefinitely. Ordinance No. 18-95 - An Ordinance Providing for a Change in Zoning for 11.927 Acres of Land Located Along the West Side of I-270, Approximately 500 Feet South of Shier-Rings Road from: RI, Restricted Industrial District to: PCD, Planned Commerce District. (Corporate Park of Dublin) (Third reading tabled. until .November 20, 1995) (Applicant: Equity Dublin Associates, Bonnie Reinberg, 22035 Chagrin Boulevard, Beachwood, OH 44122) Mayor Campbell noted that a letter was forwarded to Council from Equity Planning Corporation requesting tabling until December 11, 1995. Ms. Clarke commented that Mr. Reinberg has requested tabling because he was unable to attend Council tonight. A verbal agreement has been reached on the issues, and staff is working on formalizing it. Mr. Kranstuber moved to table the third reading of the ordinance until December 11, 1995. Mrs. King seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. The third reading is tabled until December 11, 1995. Ordinance No. 21-95 (Amended) - An Ordinance Amending Ordinance No. 62-88 (Amended) to Update the Arterial Traffic Plan for the City of Dublin. ('Third reading tabled indefinitely) Mr. Hansley stated that staff recommends that this item be tabled until one of the December meetings. Mr. Kranstuber moved to take this from the table and set it for third reading on December 11. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. The third reading will beheld on December 11, 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 ,tabled indefinitely) (Applicant: Dublin City Schools, Chris Mohr, 7030 Coffinan Road, Dublin, OH 43017) Mr. Foegler stated that Ms. Newcomb has received a letter from Mr. Riedel of the school district formally requesting that this be withdrawn. He suggests that Council remove this from the table for hearing on December 11. He will confirm the request to withdraw the application before the next Council meeting. Mrs. King moved to take this from the table and place it on the agenda for public hearing on .December 11. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Strip, yes; Mr. Kranstuber, yes. There will be a public hearing on the ordinance on December 11, 1995. Ordinance No. 103-95 - An Ordinance Amending Section 1189 (Signs) of the Planning and Zoning Code. (Public hearing tabled until November 20, 1995) Mr. Hansley stated that staff is requesting that Council set this for public hearing on December 18. Mrs. King stated that she would prefer the public hearing be scheduled on December 11 so that a vote can be taken on December 18. Following brief discussion, it was determined that the public hearing could be scheduled on ~ ~ ~ RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK Held November 20, 1995 19 December 11. Mrs. King moved to table the public hearing until December 11. Mrs. Boring seconded the motion. r--- Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Stillwell, yes. There will be a public hearing on the ordinance on December 11, 1995. Resolution No. 25-95 - A Resolution Adopting a Visioning Statement for tlne Community Plan. ('Third reading tabled until January 8 ' 1996) There was no further action on this resolution. Third Readings Ordinance No. 22-95 - An Ordinance .Providing for a Change in Zoning for 9.893 Acres of Land Located on the North Side of Martin Road, Approximately 150 Feet West of Krieg Drive and Martin Road from: PUD, Planned Unit. Development District to: PUD, Planned Unit Development District. (Martin Commons) (Third Reading) (Applicant: T&R Properties, c/o Ronald Sabatino, President, 6563 Worthington-Galena Road, Worthington, OH 43085) Ms. Clarke stated that Jim Houk has sent a letter to Council requesting that the third reading be postponed until December 18, 1995 to allow time to address the traffic issues discussed at the public hearing. A traffic engineering consultant has been. retained to look at this issue, and staff anticipates having information prior to December 18. Mr. Zawaly moved to table the third reading of the ordinance to December 18, 1995. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. King, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mr. Kranstuber, yes. Ordinance No. 48-95 - An Ordinance Providing for a Change in Zoning for 15.193 Acres of Land Located on the South Side of Brand Road, Approximately 1,300 Feet West of Avery Road from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (Erwin property on Brand, north of Indian Run) (Third Reading) (Applicant: M/I Schottenstein Homes, Inc., Ben W. Hale, 7r., Smith & Hale, 37 W. Broad Street, Columbus, OH 43215) Mrs. Boring asked if the applicant will sell the lots or if he will control the building of the lots in view of the flood plain development restrictions. Bill Adams. State Street Develo ment stated that the lots will be sold to one builder who is very familiar with Dublin regulations regarding flood plains. Mr. Adams commented that a neighboring property owner had indicated there was a discrepancy in the legal description related to her property. He has checked this, and the legal description is accurate. Mr. Kranstuber moved to approve the rezoning subject to the 12 conditions recommended by Planning and Zoning Commission. Mr. Strip seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mr. Kranstuber, yes. Ordinance. No. 49-95 - An Ordinance Providing for a Change of Zoning of 26.168 Acres of Land Located on the West Side of Wilcox Road, Approximately 1,100 Feet South of Shier- Rings Road from: RI, Restricted Industrial District to: PUD, Planned Unit Development District. (Dearth property for residential use) (Third heading) (Applicant: Donald R. Wick, Rockford Homes, Inc., 131 Dillmont Drive, Columbus, OH 43235) Mrs. Boring noted that she has some concerns with parkland accessibility for the general public and parking of maintenance vehicles servicing the park areas. Ms. Jordan stated that there is bikepath access from Heather Glen. The maintenance vehicles will be parked along the roadway. Very few neighborhood park areas include parking lots. Ms. Clarke added that this is a neighborhood park, but it will be available to everyone in Dublin. Mrs. King noted that she would advocate addressing storm drainage at the time of rezoning -either with a gentle Swale or a drop structure as used in other areas of the City. This would avoid the need for the City to enclose drainage ditches at a later date at the taxpayers' expense. Mr. Foegler indicated that ditch enclosure is a policy which staff would endorse if feasible on this site. It was required for the Massa development in the area. Staff has attempted to secure commitments -for ditch enclosures wherever'possible. U.,, , RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK Held November 20, 1995 19 Donald Wick Rockford Homes stated that the ditch is buffered from Avery Road with a large setback. There would not be much to enclose, and installing amini-storm system would not make sense. He suggested keeping what is in place now on the west side of the street. Following additional discussion about costs to the City to enclose ditches at later dates, Mr. Wick agreed to cooperate. There is a several hund 'red. foot strip up to the detention pond -they are willing to install catch basins within this strip. When the intersection is reworked, storm sewers will have to be installed. at the intersection. Mrs. King moved to add a condition wherein the applicant agrees to install a catch basin along Wilcox Road the length of the development, connecting to the detention facility to the satisfaction of the City engineer, if determined to be reasonably feasible. The applicant agreed to this. Mr. Kranstuber seconded the motion. Mr. Kindra suggested that the motion include inlets and pipe. Mrs. King amended her motion to include inlet and pipe for the delivery of stormwater for the length of the development along Wilcox Road. Mr. Kranstuber seconded the motion. The applicant indicated his agreement. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes. Mr. Foegler commented that the ditch enclosures to the south are not relevant to the discussion since the section of Wilcox to the south was to be vacated and the whole area would have been regraded at some point in the future regardless. It was not vacated from this point north, so this warrants being treated differently. Mrs. Stillwell moved to approve the ordinance subject to the conditions of Planning & Zoning Commission and with the additional condition added tonight. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Mrs. Boring commented that she has concerns about minimum lot size requirements. Perhaps Council would like to consider a policy of this type. She believes a previous Council had discussion about this. Brief discussion followed. It was the consensus of Council that this be further investigated within the context of the Community Plan update. Mrs. Stillwell noted that she will pass this along to the Committee. Consent Agenda Items Mayor Campbell noted that the second and first reading items which follow have been proposed as consent items. He asked if there are items which Council members would like removed from the consent agenda. Following brief discussion, it was the consensus of Council to dispense with the consent agenda and address the items individually. Second Readings Ordinance No. 107-95 - An Ordinance Adopting the Operating Budget for the Fiscal Year Ending December 31, 1996. (Second Reading) Mr. Hansley stated that the final budget hearing is scheduled for tomorrow evening and staff would recommend third reading at the December I1 meeting. There will be a third reading at the December 11, 1995 Council meeting. First Readings Ordinance No. 108-95 - An Ordinance to Enter into a Health Services Contract with the Franklin County Board of Health. (First Reading) Mrs. King introduced the ordinance. Mr. Hansley stated that this is an annual contract and staff is recommending that it be held over for second reading on December 11, 1995. There will be a second reading at the December 11, 1995 Council meeting. i I ~ i' 1 I ~ i ~ y ate..; .y s;, I RECORD OF' PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK Held November 20, 1995 19 Ordinance No. 109-95 -An Ordinance Authorizing the City Manager to Enter into a New Contract with the Law Director. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Hansley noted that there is a cover memo attached. This is an annual contract as mandated by the Charter. The maximum contract period under the current Charter is one year. Per previous discussion with the Charter Commission, staff has requested that the Charter be revised to allow RFP's for a longer contract period. Staff recommends renewal of the contract with Mr. Smith for a period of one year. Mr. Zawaly commented that he did not see a term specified within the contract. Mr. Smith responded that he will add language to the contract indicating that the contract is in effect from January 1, 1996 until December 31, 1996. Mr. Zawaly asked for clarification of Section 1(j) where it states "providing legal advice to City officials as necessary or upon request". Mr. Smith explained that this includes Council members and Chairpersons of Committees and Commissions. Mr. Zawaly will review his other concerns with the City Manager prior to the next Council meeting. There will be a second reading at the December 11, 1995 Council meeting. Ordinance No. 110-95 - An Ordinance Providing for a Change in Zoning for 21 Acres of Land Located on the South Side of Brand Road, Approximately 1,000 Feet West of Avery Road, at the Franklin County/Unon County Line From: U-1 (Jerome Township Zoning District) to: PLR, Planned Low Density Residential District. (Westbury In (First Reading) (Applicant: Northwood Land Corporation, David Haid, President, 941 Chatham Lane, Suite 100, Columbus, OH 43221) Mr. Kranstuber introduced the ordinance and moved that it be referred to Planning and Zoning Commission. Mrs. Boring seconded the motion. Vote on the motion -Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip. Ordinance No. 110-95 has been referred to Planning & Zoning Commission. Ordinance No. 111-95 - An Ordinance Petitioning the Board of County Commissioners of Union County, Ohio for a Change of Township Lines to the Area Included within the Corporate Limits of the City of Dublin from Jerome Township. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Hansley explained that this ordinance adjusts the township boundary lines for the newly annexed piece from Jerome Township to Washington Township in keeping with Council's adopted policy. The Union County Commissioners have not objected to the township boundary adjustments since the decision on the Concord township boundary adjustment by the Supreme Court of Ohio. Mr. Hansley added that staff does not foresee a need for emergency action. There will be a second reading at the December 11, 1995 Council meeting. Ordinance No. 112-95 - An Ordinance Amending Chapter 733 (Ordinance No. 26-82) of the Codified Ordinances of the City of Dublin,' Ohio. (First Reading) Mr. Strip introduced the ordinance and noted hat a revised version will be provided at the next Council meeting. Mr. Smith added that Council members should contact him if they have concerns. He will provide a cover memo with the revised version. The version provided to Council was not prepared by his office, and is very restrictive and targeted of one area. Mr. Strip clarified. that his introduction should not be considered an endorsement of the present draft, but an endorsement that it is time to address the need for change to the existing ordinance. .There will be a second reading at the December 11, 1995 Council meeting, at which time a revised version will be presented. Ordinance No. 113-95 - An Ordinance Amending Ordinance No. 122-94 to Amend the Fee Established for the Service of Impounded/Abandoned. Vehicle Release as Provided by the City of Dublin, Ohio. (First Reading) Mr. Strip introduced the ordinance. Mr. Hansley stated that the cover memo has been provided, and staff is recommending that it be held over for second reading. There will be a second reading of the ordinance at the December 11, 1995 Council meeting. i ~ i RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK i. Held November 20, 1995 19 Ordinance No. 114-95 - An Ordinance Enacting a Code of Ordinances for the City of Dublin, Ohio, Revising, Amending, Restating, Codifying and Compiling Certain Existing Mr StripOntxloduced the ordCnan ~eahng with Subjects Embraced in Said Code. (First Reading) Mr. Hansley stated that this ordinance adopts a revised Code book which has also been computerized for ease of access and future legislative amendments. Within 4 to 6 months, staff will complete their review of the new Code for any necessary changes. The Code will soon be available soon on disk with search capabilities via Folio software.. It will be very user friendly, and accessible to the public. Mr. Kranstuberhas concerns with the title, "Code of Ordinances". He has consulted with some other attorneys who have never seen the codified ordinances titled in this way. Mr. Zawaly agreed. Mr. Zawaly moved to amend Ordinance No. 114-95 to substitute "Codified Ordinances of the City of Dublin, Ohio" for "Code of Ordinances of the City of Dublin". Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Boring, yes; Mrs..Stillwell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes. There will be a second reading of-the ordinance at the December 11, 1995 Council meeting. OTHER Preliminary Plat -Westbury (Applicant: David Haid, Northwood Land Corporation, 941 Chatham Lane, Suite 100, Columbus, OH 43221) Ms. Clarke clarified that the name of the subdivision is "Westbury" and not "Viilages of Westbury" as stated on the Council agenda. This is a 121-acre application which is part of a larger tract located at the Franklin/Union county line. This portion includes 291 single family lots and 18.9 acres of parkland. The remaining 21 acres is located within Jerome Township and is the subject of the township boundary adjustment considered. previously on tonight's agenda. There is an entrance from Brand Road and connections to all of the surrounding subdivisions. Planning Commission recommended approval on September 21, 1995 with 14 conditions: 1. That the park land be clearly identified. on the plan (renamed from "open space"). It needs to be dedicated to the City by warranty deed with the recording of the final plat with recording fees paid by the developer; 2. That a tree preservation plan be submitted, before completion of construction drawings, may be ~equired to preserve trees;and proposed lot lines, utilities, easements. Adjustments 3. That 25-foot no-build zones be provided along the rear of lots which abut the southern park area (Lots #285-287 and 290-291), 10-foot no-build zone be provided along the sideyards of Lots #284,.285, 94 and 95, and the no-build zone on Lot #115 be enlarged from 10 feet to 20 feet; 4. That the bikepath along Tullymore Drive to Brand Road be concrete, and additional bikepath easements and bikepaths be created. between lots #51 and 52; 58 and 59; 81 and 80; and 76 and 77 (or as resolved by staff); 5. That a note be added to the plat providing that all houses (living spaces) shall be located within a single county; 6. That a buffer planbe provided for the lots which abut Brand Road, including mounding and landscaping, before the final plat is submitted; 7. That fencing restrictions and .side yard and rear yard requirements be provided on the preliminary and final plats; 8. That Blayney Court be renamed consistent with Wyndham Village Section 4; 9. That the access for the Edwards' one-acre parcel be relocated to the eastern approach as approved by staff; 10. That all floodway, floodplain, and floodway plus 20 feet information be indicated on plans (including building permits), and lots be redrawn if needed in accordance with FEMA regulations; 11. That all pavement, rights-of--way, utilities, storm sewer management, cul-de-sacs, vertical alignments and street geometries, including the bridge across the North Fork of the Indian Run, be designed to the satisfaction of the City Engineer; 12. That stormwater management basins be located outside the 100-year floodplain and approved by the City Engineer; 13. That no parking areas be designated along all 28-foot streets on all plats, plans, and building permits; and 14. .That all changes be made to the preliminary plat to the satisfaction of Staff prior to scheduling this application for Ciry Council consideration. i 11'Y RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK Held November 20, 1995 19 Regarding Condition #13, the preliminary plat clearly states that these streets are 26 feet as measured face to face. Mr. Kindra has determined `that that will result in a 27-foot wide street. During discussions with the applicant, it was indicated that the City standard has been a 28-foot street. From staff's perspective, it is the desire of the City Engineer's office to have 28-foot streets as measured back to back with no parking on one side. Planning Commission approved this plat by a ' vote of 7-0. Mr. Kranstuber asked about the status of the pending annexation of the 21 acre portion from Union county. Ms. Clarke responded that it has been annexed and was included on tonight's agenda for inclusion within Washington Township. Mr. Kranstuber has concerns with this project due to its enormity and because the necessary infrastructure may not exist to support it in this location southwest of Muirfield. It will also have a large impact on the school system. Mrs. King stated that she shares Mr. Kranstuber's concerns, especially the adequacy of the roadway infrastructures to accommodate the new development. In view of previous discussion about ditch' enclosures this evening, Mrs. King moved to add an additional condition to the plat that the applicant install along the Brand Road frontage drop structures and pipe, if feasible, and as approved by the City Engineer, to conduct stormwater runoff. Mr. Kranstuber seconded the motion. In response to Mrs. King, Mr. Foegler noted that the feasibility language is important in this condition because the ditch is minimal with substantial park area along the frontage. Mr. Foegler added that in terms of lot size and density, this plat is consistent with the previous rezoning action by Council on this property. r--- Mr. Strip commented that the correct language may be "necessary" instead of "feasible". It may be feasible to do, but not necessary. Mrs. King clarified that her intention with this condition is to avoid deep ditches which require enclosure at a later date. Mr. Foegler stated that staff has clear direction that if there is a significant ditch required. by this development, the enclosure will be required. Mrs. King then amended her motion to state_ that the drop structures and pipe are required along Brand Road for the length of this development, if necessary to avoid a deep ditch that is difficult to maintain and dangerous for motorists, and as', approved by the City Engineer. Mr. Kranstuber seconded the amended motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Mrs. Boring asked how the properties are dealt with in terms of taxing parcels, and whether all utilities are buried. David Haid. 5200 Locust Hill Lane stated that tax bills are generated from both counties for the property. P&Z wanted to ensure that the lots were in one county or the other for tax billing purposes. Mr. Haid stated that there are two electric utilities involved, and he is not familiar with Ohio Edison's policy in terms of burying lines. . Mr. Hansley clarified that only one electric utility is involved since the area west of Avery is served by Ohio Edison. f p. : ; Mr. Kranstuber asked about the telephone service provider. Mr. Hansley responded that phone service is provided by GTE, not Ameritech. Mr. Kranstuber asked for an update on the progress regarding resolution of telephone service boundary lines with PUCO. This situation needs to be resolved, as the residents are not listed in the Columbus area phone book and incur toll charges for calls that are local for other areas of Dublin. Potential buyers should be made aware of these problems. Mr. Zawaly moved that the boundaries of the electric and phone company service providers be shown on the final plat, and that Condition #13 be amended to read that, "no parking areas be designated along all 28-foot streets as measured back to back on all plats, plans and building permits. " Mrs. King seconded the motion. ._..e_ T RECORD OF PROCEEDING Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLAN ~ ~ - Held November 20, 1995 19 Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes. Mr. Zawaly moved to approve the final plat with the conditions of Planning & Zoning and the additional conditions imposed by Council tonight. Mr. Strip seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. King, no; Mr. Kranstuber, no; Mrs. Stillwell, yes. Muirfield Maintenance Agreement Mr. Zawaly stated that he will recuse himself from discussion and determination, as he has stated in the earlier discussion this evening. Mayor Campbell suggested that the Public Services Committee provide a report to Council. Mr. Kranstuber stated that Committee meeting. minutes from October 31, 1995 have been forwarded to Council. This was the last in a series of meetings on this issue. Mr. Smith has provided a memorandum dated October 31, 1995 which summarizes the proposed resolution which consists of the following: 1. The Association will execute quit claim deeds for the tunnels to the City, reserving a private easement in the public rights-of--way for their private pedestrian access through the tunnels. 2. The City shall be responsible for maintenance, repair and replacement of the tunnels, and the Association shall be responsible for the maintenance, cleaning, repair or replacement of the pathway through the tunnel. The justification for the resolution is as follows: 1. The City recognizes the tunnels are an integral part of the City's roadway structure and the tunnels are located under roadways which are public right-of--way. 2. The tunnels provide an important public safety benefit. 3. There is no case law specifically on this matter. 4. No written records are available which verify the intention of the parties at the time of the original development in 1974. From a public policy point of view, the Committee recommends this resolution to Council. The Committee voted 2-1 to send this recommendation to Council. Mrs. Boring noted that the Law Director's memo was handed to her at the October 31 meeting. She had not reviewed the memorandum carefully, and was therefore not willing to make a recommendation to Council. After careful consideration, she has concluded that the ownership was not clear 22 years ago in the platting process:' She has also concluded that the deterioration of the tunnels is caused by the vehicular traffic on the road and not the pedestrians. Therefore, along with the other members of the Committee, she recommends that the maintenance agreement be approved by Council. Mr. Kranstuber added that in recognition of all of the private areas in the Muirfield PUD which are maintained by the Association which would otherwise have to be maintained by the City, and in recognition of the safety issues, he recommends this agreement. Any future cost is speculative, as the tunnels appear to be in good condition at this time. Mr. Strip asked if any Council members have an objection to this agreement. If not, he would like to avoid even the appearance of conflict by abstaining if his vote is not necessary for approval. Mayor Campbell noted that Mr. Root and Mr. Adams are present representing the Association if there is a need for further testimony. Mrs. King stated that she has faith in the Committee system and believes in endorsing their work. She is willing to abstain if Council members 'are more comfortable with that. Bill Root. representing the Muirfield Association, stated that Mr. Kranstuber has presented the facts accurately. His only added comment is that the Association trustees have adopted and approved unanimously the memorandum of understanding. Mrs. Boring commented that in the past, two members of Council have been advised that they have conflicts of interest in voting upon matters which affected areas where they live. She does not believe consistent research was done, which was why she had. raised the issue with the maintenance agreement. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 13 Meeting DAYTON LEGAL BLANK CO.. Held November 20, 1995 19 Mr. Kranstuber moved approval of the Law Director's memo of October 31, 1995 which outlines the basis of understanding for the Muirfield Village tunnels located in the public rights-of--way. Mrs. Boring seconded the motion. Vote on the motion - Mr.. Kranstuber, yes; Mr. Strip, abstain; Mr. Zawaly, recused; Mrs. King, abstain; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Mayor Campbell thanked the Committee, the staff and the Muirfield Association for their work on resolving this matter. Council Committee Reports Mrs. King stated that the Community Development Committee met on October 25, and the draft minutes from the meeting have been distributed. She requested that the Committee meet immediately before the next budget session in order to adopt the minutes of October 25. The Committee members agreed to do so. Mrs. Stillwell, Administrative Committee stated that a meeting had been scheduled for November 21, but was postponed. She requested that the Committee meet tomorrow evening briefly to approve the minutes of the October 25 meeting. She reminded Council members that aboard/commission candidate interview is scheduled tomorrow evening at 6:45 p.m., and proposed that Mr, Kosinski's interview be rescheduled for 7 p.m. tomorrow evening. Following discussion, it was the consensus of Council to begin the budget session at 7 p.m. and to try to accommodate the interview earlier in the evening. Mrs. Stillwell stated that she will work this out with the candidate. Mrs. Stillwell requested a brief executive session at the end of tonight's meeting to discuss personnel issues. ; ~ Mr. Strip, Finance Committee stated that .bed tax applications will be reviewed by the Committee for recommendation to Council before the end of 1995. He has delayed this review until the budget sessions are completed. ` Mrs. Stillwell noted that the Committee also needs to make a recommendation on funding for the Greenways Plan. Mr. Kranstuber, Public Services Committee'stated that the Committee is about ready to propose fees agenda oncDe ember 18r, and suggested that Council discuss this under the "Other" portion of the Following brief discussion, Mayor Campbell stated than a report from the Committee will be b hCouncil ee is ationean,be re ared fo December 11 meeting. Pending acceptance of the report y g p p ntroduction subsequent to that. Mr. Kranstuber stated that a written report will be provided to Council for their review prior to the December 11 meeting. Other Mr. Zawaly moved to reconsider Council's motion to approve temporarily close Bradenton Avenue, and to table the reconsideration discussion until the December 11 meeting. He noted that he has received a tremendous amount of feedback about this decision and would like to reconsider the matter. Mrs. King seconded the motion. a... Mr. Hansley reported that staff had previously notified the residents that the closing was set for on or about December 1, and subsequently notified them the date would be January 2 to allow for time for traffic studies prior to closing. Staff has retained a traffic engineer for this investigation. Mr. Strip suggested that the motion be separated into two since there is no discussion on a motion to table. Mr. Zawaly agreed to separate the motions. Mayor Campbell stated that he has no concerns with reconsidering the closure as long as the investigation underway is not stopped. At a hearing, he would expect testimony from the engineering staff regarding the validity of the process, testimony from the fire department and other affected parties. It would not necessarily change the outcome of the previous vote. Mrs. Stillwell asked for clarification of what is being reconsidered. ' I ~ t~ I L'~~ I I ~ s ~-za RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 14 Meeting DAYTON LEGAL BLANK Held November 20, 1995 19 Mr. Zawaly responded that the motion passed by Council was to temporarily close Bradenton Avenue for up to 60 days subsequent to a traffic count and engineering study. Mr. Hansley assured Council that staff will continue to proceed under the previous action taken by Council, i.e., posting signs and notification of residents ®f the upcoming closure. ! Mr. Hansley recommended that the hearing be scheduled on December 18 to allow time for data to be collected. Mr. Zawaly amended his motion to table the reconsideration discussion until December 18. Mrs. King seconded the amended motion. Mayor Campbell clarified that voting for the motion to reconsider the closure only means that Council members are willing to listen to testimony from both sides; it will not necessarily result in changing the previous vote. Vote on the motion to reconsider - Mr. Strip, yes; Mrs. Boring, yes; Mrs. Stillwell, no; Mr. Zawaly, yes; Mr. Kranstuber, no; Mayor Campbell, yes; Mrs. King, yes. Motion sustained. Mr. Zawaly restated his motion to table the reconsideration discussion until the December 18 Council meeting. Mr. Strip seconded the motion. Vote on the motion -Mrs. Boring, yes; Mrs. Stillwell, no; Mr. Kranstuber, no; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mr. Strip, yes. Mayor Campbell confirmed that this will be scheduled at the beginning of the meeting on December 18 due to the amount of interest. Mr. Hansley pointed out that an extensive packet has been provided to Council by Mr. Foegler in response to the issues raised by Dr. Wolfe regarding the history of the bridge location decision. Mayor Campbell noted that an executive session has been requested for a personnel matter, however there is no need for the previously scheduled legal matter discussion. Mr. Strip moved to adjourn to executive session at 10:35 p.m. for discussion of personnel matters. Mrs. King seconded the motion. Mayor Campbell noted that the meeting will not be reconvened following the executive session. Vote on the motion -Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Strip, yes. Mayor residing ffic Clerk of Council i ~ I ~I ~ i' ~ I~