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HomeMy WebLinkAbout12/11/1995 f -1 f r_~ ~ o RECORD. OF PROCEEDING Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK R HelcL December 11, 1995 ig Mayor Campbell called the work session of Dublin City Council to order at 7:30 p.m. on Monday, December 11, 1995. Staff Comments Mr. Hanslev highlighted two items contained in the packet: a letter from the (Jhio EPA notifying that City that the requirement for the detention basin has been officially waived. and a letter from a citizen regarding a complaint which was resolved today by staff. Mrs. Boring praised staff for the professional manner in which they handled the complaint. She spoke with the citizen today who is satisfied and pleased. Ms. Grigsby noted that legislation will be brought to Council at the next meeting for the bond issuance in February for the Recreation Center and the Perimeter .Drive extension. Mr. Harding introduced Gene Duston, consultant from Public Administration Services. of McLean, Virginia. Mr. Duston is the project manager for the classification and compensation study which is being undertaken by the City. He will be contacting members of Council for their input on the study. Ms. Clarke noted that staff has distributed the. revised sign code ordinance this evening with an attachment highlighting the changes. The ordinance is scheduled for public hearing tonight. Mayor Campbell called the formal session to order at 7:40 p.rn. The Wright Elementary 4th grade cub scout troop 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, Ms. Clarke, Mr. McDaniel, Mr. Lenz, Ms. Puskarcik, Ms. Bearden, Ms. Jordan, Chief Ferrell, Mr. Rubey, and Mr. Dalton. Approval of Minutes of November 6 and November 20, 1995 Meetings Mrs. Boring noted a correction to the minutes of November 6 on page 4 where it states that Mr. Roth had proposed opening up Federated Boulevard down through Stoneridge to tie into Martin Place. It should tie into Krier Drive, not Martin Place. Mr. Kranstuber moved approval of the minutes of November 6 with this correction. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mrs. Boring, yes. Mrs. Boring noted that on page 12 of the minutes of November 20, it states that she commented regarding the deterioration of Muirfield Boulevard due.. to truck traffic. She asked that this be corrected to vehicular traffic. Mrs. Stillwell moved approval of the minutes of November 20 with this correction. Mrs. Boring seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs.. Stillwell, yes; Mrs Boring, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Strip, yes. In view of the large number of citizens in attendance to hear the request from the SuperAmerica rezoning applicant that the item be removed from the table, Mayor Campbell asked Council to consider adjusting the agenda. He noted that this item has been tabled by Council and is not scheduled for any action this evening. The purpose of modifying the agenda would be to address ' the procedural aspects of the rezoning. Mr. Zawaly moved to modify the agenda to consider at this time the procedural aspects of the SuperAmerica rezoning. Mr. Strip seconded the motion. Mr. Kranstuber .asked about the nature of the ground rules for any public discussion. Mayor Campbell responded that the public discussion would be limited to the question of whether this matter should be taken from the table for action tonight or at any future time. He further stated that he will allow ten minutes to the applicant for this discussion, and ten minutes to anyone who wants to respond. Council can then proceed with discussion of the matter. 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. ^__-__._~.~w..m_~.__ <aa i I i as RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting OAYTON LEGAL BLANK Held December 11, 1995 19 Ordinance No. 04-95 - An Ordinance Providing for a Change in Zoning for 2,6571 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) Dave D'Antoni President of Ashland Chemical stated that the rezoning process has been underway for over a year, and this is the third request of Council to remove the item from the table. When it was tabled in September, the applicant was asked to do two things: explore other sites that may be appropriate and determine the level of community support for the rezoning proposal. Both items have been completed, and they would like to share the results with Council He added that the deadline for filing a referendum or initiative for this rezoning in order to place it on the March primary ballot would be January 4, 1996. He again asked that Council remove this from the table and take action tonight following their report. Chris Cline 6060 Post Road stated that he represents the group which opposes taking this item from the table. 1. He noted that Council has set a policy that requires removal from the table at one meeting and notice given prior to the next reading and vote. 2. This matter is on the table by choice of the applicant. It was scheduled for third reading and vote prior to the election and was thentabled indefinitely at the request of the applicant. After the election, the applicant requested that it be removed from the table in order to have it heard by the present Council. 3. The community made their feelings clear about this application via the November 7 elections. 4. He urged Council to set the rezoning for a final hearing at a date which will allow adequate notice and the opportunity for public testimony. Mrs. King clarified that the item was tabled previously because Council asked the applicant to explore alternative sites. She believes that this item should now be brought off the table to allow Council members to do the jobs they were elected to do. Mrs. Boring stated that she supports what Mr. Cline has stated. She moved to take this item from the table to be scheduled for a public hearing and vote at the second meeting in January of 1996 with adequate notice being provided. Mrs. Stillwell seconded the motion. Mayor Campbell commented that the intent of tabling the matter was to provide the opportunity to look at alternative sites in order to reach some compromise. He has solicited input from the civic associations in his ward and has received negative feedback from four at this point. The only way to resolve the matter may be at the polls via a referendum or initiative. He supports setting a hearing date because Ashland is entitled to that, and he opposes any vote on the matter tonight since Council's policy has been to provide public notice and opportunity for input prior to the vote on a tabled matter. Mr. Smith clarified that Mrs. Boring's motion would be for the continuation of the public hearing and a third reading and vote. This will allow more testimony without rescheduling another public hearing. Mrs. Boring and Mrs. Stillwell agreed. Mr. Zawaly commented that there are fairness issues involved for both sides of the issue -fairness to the applicant who agreed to search for new sites at the request of Council members and fairness to the public whose expectation is that Council will adhere to its policy regarding action on tabled items. He emphasized that this rezoning came to Council without a recommendation from the Planning Commission which is a reflection of the difficult issues involved. He voted in favor of the proposal at Planning Commission and still supports the application. He would prefer that it be removed from the table and set for hearing on December 18. Mrs. King stated that both sides have indicated they will appeal Council's decision no matter what the outcome. She asked if the City would be required to pay the costs of a special election if it is necessary. Mr. Smith responded that the cost of a special election is in the range of $25,000 and up. Council would have to order a special election if they believe that placing the issue on the November ballot is unreasonable. _ a , ,x ~ RECORD OF PR(~CEEDING~ Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK Helcl December 11, 1995 lg Further discussion followed about the timeframes for filing an initiative to be placed on the March primary. Mayor Campbell then called the question. i Mr. D'Antoni requested permission to speak again, and Mayor Campbell invited him to come forward. Mr. D'Antoni stated that he believes they are being treated unfairly in that they have requested that the matter be removed from the table for the past two meetings. They would Hike to share results of their findings with Council tonight instead of in January. There are two Council meetings at which this could be heard between tonight and January 22, 1996. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, no; Mr. Zawaly, no; Mrs. King, no; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Mayor Campbell stated that the third reading and continuation of public hearing for the ordinance will be placed on the agenda of January 22, 1996: Correspondence The clerk reported that a notice was sent to Council from the Ohio Department of Liquor Control regarding a DS permit at 56 N. High Street. The attorney representing Mr. Eggspuehler has asked that Council request a 30-day extension so that the address can be corrected on. the application. Mr. Strip moved to request a 30-day extension of consideration from the Ohio Department of Liquor Control. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes;.. Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Comments from Visitors There were no comments from visitors. Council Roundtable Mrs. King: 1. Praised Mr. Harding for the design of the compensation study which includes workload as a factor and which includes Council' member positions. 2. Thanked the Development Department and the Planning Division for the preparation of the detailed response to Claire Wolfe regarding her issues with the intersection of Emerald Parkway and 745. Mrs. Stillwell commented that her first experience with the National League of Cities was a learning one and she has brought back` information which she will distribute to the appropriate staff. She added that she was proud to represent Dublin but very glad to be home again. Mr. Zawalv acknowledged the support of the taxpayers who made the trip to the National League of Cities possible for the City's representatives. Mayor Campbell: 1. Displayed the commemorative football donated to the City and autographed by the Dublin Scioto High School State Championship Football team. He noted that it will be placed in the display case at City Hall. He also presented a proclamation to the team at halftime of the first basketball game in the new high school gym. 2. Invited everyone to attend a reception on Monday, December 18 at City Hall at 7 p.m. for Council Members King and Strip. 3. Noted that the NLC experience was outstanding and reaffirmed Council's belief that the City of Dublin is in the forefront of cities across the country. He emphasized that former Council Member Barbara Maurer was instrumental in the City's involvement in the National League of Cities and that many innovations implemented by the City of Dublin originated with the NLC. Legislation 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 Coffman Road, Dublin, OH 43017) n e e RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK C R Held December 11, 1995 lg Mr. Hansley stated that the Dublin Schools have withdrawn their application for rezoning. Staff recommends that Council remove this from the table and take action to defeat the ordinance. Discussion followed about whether it is necessary to formally defeat the ordinance. Following discussion, Mrs. Stillwell moved to take the ordinance from the table and accept the applicant's request to withdraw the rezoning application. Mr. Strip seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, 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 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) (Public Hearing) Registered as proponents of the rezoning were Ruth Reiss, 4193 Hitching Post Court and Larry Lehner, 4136 Hertford Lane, Dublin. There were no registered opponents. Ms. Clarke stated that this ordinance involves a minor text amendment that creates a new subarea and changes landscape standards or setback standards in an already developed portion of the site. She showed slides of the site and surrounding area. The Planning Commission has approved the development plans for the BMW and atrium buildings and a condition of approval was that the applicant bring forth a rezoning application to revise the development text. Subsequent to the Planning Commission hearing, the neighborhood indicated obj ection to the relaxation of the standards for the vacant portion of the district for which a development proposal was not yet filed. To satisfy their concerns, a new subarea was created for the undeveloped area under the original standards. r--- The Commission unanimously recommended approval in October with four conditions: 1. That the composite plan be amended to reflect the actual acreage in accordance with the appropriate legal description to be submitted by the applicant. 2. That the entire development text be revised to remove all existing errors, inconsistencies and outdated information. 3. That the text include the appropriate level of detail regarding architecture, signage, landscaping, traffic circulation and coordination for subarea 1. 4. That staff further refine all plans in the text with the developer before scheduling at City Council and that the Commission receive copies of the agreed upon text prior to public hearing. Staff and the Commission are recommending. approval by Council. Ruth Reiss. 4193 Hitching Post Court stated that she supports the text changes as revised and presented tonight. The residents had been concerned about the loss of greenspace and the precedent for zero setback being established. The text changes tonight have addressed their concerns. She commended Mr. Marsh for his willingness to accommodate the residents' concerns. She urges Council to vote in favor of the text changes. Larrv Lehner, 4136 Hertford Lane, Vice President of the Llewellyn Farms Civic Association thanked staff and the applicant for their work on this proposal. He is representing the Association this evening and indicated their support of the proposed text changes. There was no further testimony and no questions from Council. Mayor Campbell noted that a third reading will be held on December 18. Ordinance No. 103-95 - An Ordinance Amending Section 1189 (Signs) of the Planning and Zoning Code. (Public hearing tabled until December 11) Mrs. Stillwell moved to take this from the table. Mrs. King seconded. the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. There were no registered proponents or opponents, to the ordinance. Ms. Clarke stated that these amendments to the sign code were reviewed by Planning Commission in October and November. These are basically minor changes to the sign code which was completely revamped earlier in the year. Suggestions for the revisions came from staff and from . I ~ I '~!I 1 ii ~ ~ s ~ ~ . ~ ~ ~ t, RECORD OF' PROCEEDIIOIGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK R Helri December 11, 1995 19 the development community. She highlighted some of the changes which related to fast-food businesses and to special events. Mrs. King las proposed an amendment which would eliminate the prohibition of wicket signs used in political campaigns. The Planning Commission chose not to make a recommendation on the amendment. Mr. Hansley asked for clarification regarding the Muirfield Tournament signage which is erected by the private development. Ms. Clarke responded that the Muirfield signage is addressed via the ordinance relating to street closings for the tournament each year. Mrs. King stated that she contacted the Republican and Democratic state committees to inquire about restrictions in other Ohio cities regarding wicket signs. The Committees are not aware of any other city where these signs are prohibited. Since the Committees will soon be ordering state-wide signage, they would like to be advised about: the status of the amendment. Ms. Clarke noted that the Service Department has withdrawn their request that the City prohibit the use of the wicket signs. She added that the Planning Division is neutral on the issue since there is no difference in the visual impact. The Service Department had concerns about the metal wires being left behind and becoming caught in a mower. Mr. Strip commented that the political sign section would be difficult to enforce for those candidates who live outside of Dublin, i.e., judges, etc. whose campaign workers are not aware of the prohibition. Mayor Campbell emphasized that it is important to be consistent with other counties in Ohio with these regulations. He would prefer that Dublin encourage some discussion across the counties about this issue rather than be the first to include the restriction in their sign code. Mrs. King then moved to amend Section I189.08(g) to strike, "Such signs shall not be made or affixed to any hazardous materials, including but not limited to metal or wire stakes. Only paper or cardboard signs on wood or plastic stakes are permitted." Mr. Strip seconded the motion Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, no; Mrs. King, yes. Mrs. King asked Chief Bostic, Washington Township Fire Department, to comment regarding the inflatable signs which resulted in a fire at the Krispy Creme donut shop this morning. Chief Bostic stated that further research is needed regarding what types of inflatable signs are permitted in Dublin. He will work with the Service Committee on this issue if changes to the sign code are recommended to address this concern. Mayor Campbell asked for a status report on tabled ordinances. Mr. Hansley stated that staff is still working on the Columbus Southern Power franchise agreement - there are unresolved issues regarding the burial of utilitylines. Mayor Campbell stated that Ordinance 22-95 has been tabled until December 18, and Resolution 25- 95 has been tabled until January 8, 1996. 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 IndustriaC District to: PCD, Planned Commerce District. (Corporate Park of Dublin) (Third reading tabled until December 11, 1995) (Applicant: Equity Dublin Associates, Bonnie Reinberg, 22035 Chagrin Boulevard, Beachwood, OH 44122) Mr. Kranstuber moved to take this from the table. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes. Ms. Clarke provided a brief history of this rezoning, summarizing that the unresolved matters related to the level of landscape obligation being imposed on the property owner. The property owner has confirmed in writing that the view along I-270 and the view along the future Emerald Parkway will be addressed voluntarily. Staff appreciates the applicant's willingness to work with the City on these issues. Staff is recommending approval with the conditions imposed by Planning Commission. Mayor Campbell read into the record the 5 conditions of Planning Commission: L That the zoning text be amended to include wholesaling of drugs, chemicals and allied products as a conditional use; _ y.. y.,.. v s RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAITON LEGAL BLANK Held December 11, 1995 19 2. That the research laboratory facilities and related functions be listed as a conditional use; 3. That a 6-foot screen consisting of an earth mound or evergreen plant material be installed adjacent to the parking lot of Building C, and that the entire complex meet the landscape Code by April 1996 or at the point of full leasing, whichever comes first, subject to a staff approved plan; 4. That the metal panels along the rear elevations. of Building A be painted to match the structure subject to staff review and approval; 5. That no parking signs be installed along the south property line of the site adjacent to Safety Solutions. The representative of the applicant agreed to these conditions at the Planning Commission hearing, and Mr. Reinberg has sent a letter dated December 5 agreeing that Equity Dublin Associates will perform the following at the Corporate Park of Dublin: landscape along the eastern boundary of the parking lot adjacent to I-270, including berming and evergreen trees along the berm, ten foot on center, and meet the Dublin Landscape Code along the western property line of the complex in coordination with the completion of Emerald Parkway. Ms. Clarke stated that staff recommends thaf theDecember 5 letter of agreement supplant Condition #3 as a condition of the rezoning. Mrs. King moved to approve the rezoning subject to the conditions of Planning and Zoning, provided that condition #3 be amended to read as stated in the letter dated December 5, 1995 from Mr. Reinberg. Mr. Kranstuber seconded the motion. Mayor Campbell stated that Mr. Reinberg is not present this evening and asked staff to confirm that Mr. Reinberg stands by the agreement outlined in his letter. Mr. Smith confirmed that Mr. Reinberg has agreed to all other conditions on the record, and Ms. Clarke confirmed that Mr. Reinberg has not retracted his letter. 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. 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 until December 11) Mayor Campbell stated that due to an error, the newspaper notice was not published for tonight's hearing on this ordinance. Mr. Hansley stated that staff is recommending that the third reading be delayed until December 18 in order to allow notice to the public via the'newspaper. Mr. Zawaly moved to table the third reading until December 18. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. King requested that an additional copy of the materials be provided to her due to the long interval since the last hearing. Mr. Hansley requested that any proposed modifications to the ordinance be forwarded to staff this week. Ordinance No. 65-95 - An Ordinance Providing for the Submission to the Electorate of an Amended Charter of the City of Dublin, and Declaring an Emergency. (Third Reading) Mr. Zawaly invited the Charter Review & Revision Commission members to join him at the podium for recognition of their efforts on the Revised Charter which will be submitted to the voters in March of 1996. His comments were as follows: 1. The Commission members undertook this effort 16 months ago and have engaged in a meticulous process to identify issues within the existing Charter. Their mission was to prepare a compact and concise, non-complex, discretion granting document for Council which at the same time protects the public rights. 2. He thanked .the members of the Law Department for their tremendous efforts as well. Extensive transcripts have been prepared from the proceedings to document the legislative intent of -the work. 3. He then introduced the members of the Commission present and praised each of them for their individual contributions: Judi Stillwell, Becky Saylor, Diane Beale, and Mack Parkhill. He noted that Jack Boston and John Guy could not be present tonight but should both be commended for their hard work as well. 4. He thanked staff member Michelle Crandall for her tremendous support services provided during the course of a heavy meeting schedule. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK Held December 11, 1995 19 5. He noted that two additional amendments are proposed and are included in the Council packet: one provides discretion to Council in choosing to appoint a Council. member or a citizen to the Planning Commission; the other provides Council with the ability to add certain powers, duties and functions to the Board of Zoning Appeals. Mayor Campbell noted that Council Member Zawaly should be highly commended for the extraordinary effort on the Charter revisions. Congratulations and thanks are in order to Mr. Zawaly, Mrs. Stillwell and the entire Commission for their efforts in producing a document which will guide the City into the future. He noted that the Commission members will be honored at Council's board & commission recognition program in early 1996. Mr. Zawaly moved to amend the ordinance per the memo contained in the Council packet as he has described tonight. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. King; yes. Mrs. Stillwell moved to treat this as emergency legislation since the ordinance must be effective prior to January 4 to meet the Board of Elections deadline. Mr. Zawaly seconded the motion. Vote on the motion- Mrs: Boring, yes; Mr. Strip, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes. Vote on the ordinance -Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Zawaly, yes. Ordinance No. SO-95 - An Ordinance Providing for a Change in Zoning for 23.525 Acres of Land Located on the East Side of Avery Road, Approximately 350 Feet South of Memorial Drive, from: R-1, Restricted Suburban Residential District to: PUD, Planned Unit Development District. (Muirfield Village -Phase 45~ (Third Reading) (Applicant: D & A Associates, Douglas K. Abel, P.O. Box 129, Hilliard, OH 43026 c/o Steve Russi, General Counsel) Mrs. Stillwell moved approval of the ordinance subject to the conditions listed in the September 21, 1995 Record of Action from the Planning Commission. Mr. Zawaly seconded the motion. Ms. Clarke stated that the applicant has just asked if Council would be willing to consider a waiver of street trees and sidewalks for this phase as part of the rezoning. Steve Russi, applicant stated that this topic was discussed at the second reading. Mrs. King recalled that staff was to research whether Council had adopted a policy requiring a monetary contribution when a waiver of street trees or sidewalks is granted. This money would be used to fund gaps in other areas of the City. Mr. Kranstuber stated that he does not recall the applicant requesting this waiver at the public hearing. Ms. Clarke responded that the applicant did not address. Council at the public hearing. She suggested that Council consider this waiver at a later date and not as part of the rezoning matter tonight. Mr. Smith indicated that the applicant is willing to postpone the waiver decision until a later date. Ms. Clarke commented that staff researched the minutes regarding a Council policy on this matter. It was discussed at a Council meeting, but was never officially adopted. Mayor Campbell noted that when this waiver is considered at a later date, the discussion can then take place regarding the establishment of a policy for monetary contributions when waivers are granted. Vote on the motion -Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mrs. King, yes. Ordinance No. 107-95 - An Ordinance Adopting the Operating Budget for the Fiscal Year Ending December 31, 1996. (Third Reading) Mr. Hansley stated that the final budget workshop was held on Saturday, and staff is now revising the proposed budget based on direction from Council at the hearings. Staff recommends that the third reading be tabled until December I8 to allow time to prepare the final budget document for Council adoption. I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BL4NK C Held December 11, 1995 19 Mayor Campbell briefly commented on some of Council members' concerns with the capital portion of the budget and the need for identification of carry-over funds and changes to estimated items. There may be a need for more presentation next year on areas where there are substantial changes, Mrs. King moved to table the third reading until December 18. Mrs. Boring seconded the motion. Vote on the motion -Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. Boring, yes. Consent Legislation Mr. Kranstuber moved to treat Ordinance Nos. 108-95, 111-95, 113-95 as consent items, waiving the second reading; to treat Ordinance Nos. 117-95, 118-95, 119-95 and Resolution No. 31-95 as consent items, introducing them and waiving the first reading. Mrs. Boring seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. Stillwell, yes. Ordinance No. 108-95 - An Ordinance to Enter into a Health Services Contract with the Franklin County Board of Health. (Second Reading) 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. (Second Reading) 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. (Second Reading) Ordinance No. 117-95 - An Ordinance Authorizing the City Manager to Execute a Contract on - Behalf of the City of Dublin with Franklin County for the Housing of Prisoners. (First Reading) Ordinance No. 118-95 - An Ordinance Amending Ordinance No. 30-92, Changing the Name Park Development Fund to the "Parkland Acquisition Fund" and Providing for an Annual Allocation of Funds from the Capital Improvements Tax Fund to the Parkland Acquisition Fund. (First Reading) Ordinance No. 119-95 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Franklin County Public Defender's Office for Defense of Indigent Misdemeanants. (First Reading) Resolution No. 31-95 - A Resolution in Support of House Bill No. 516 which Amends Section 5713.34 of the Ohio Revised Code to Modify when the Agricultural Recoupment Charge is Assessed. (First Reading) Ordinance No. 109-95(Amended) - An Ordinance Authorizing the City Manager to Enter into a New Contract with the Law Director. (Second Reading) Mr. Hansley noted that this ordinance has been amended based on Mr. Zawaly's suggestion that language be added to specify the contract period. Mrs. King thanked the Mayor's Court staff and the Law Department for their assistance over the past two years while she has served as Vice Mayor. There will be a third reading of the ordinance at the December 18 meeting. Ordinance No. 112-95 - An Ordinance Amending Chapter 733 (Ordinance No. 26-82) of the Codified Ordinances of the City of Dublin, Ohio. (Second Reading) Mr. Smith stated that staff has done further investigation on this ordinance as outlined in the packet. Council has two options if they choose to revise the City's game ordinance: 1) repeal the existing ordinance and address any concerns via the zoning laws or via police or fire codes; or 2) adopt a modified ordinance which would impose restrictions on the number of machines and appropriate levels of supervision. His recommendation is to modify the existing ordinance by requiring supervision based upon the number of machines and continuing to license them.. Mayor Campbell stated that he would favor modifying the existing regulation as suggested by Mr. Smith. Mr. Smith added that the market will only support so many machines; the City can govern the i ~ ~ I ~I I,i.. i RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK Held December 11, 1995 19 supervision of the machines by requiring on-site personnel. Mr. Strip expressed concern that vacant buildings could be converted to arcades as has been done in other cities. He would prefer that the arcades be a part of an overall family-oriented amusement ~M- area. Mrs. Boring noted that she has concerns that undesirable situations can result from the proliferation of arcades. Mr. Smith noted that there are some constitutional issues in attempting to limit the arcades to only recreational parks. He asked if there is support from Council to permit arcades in appropriate entertainment areas, but to prohibit arcades from being opened in abandoned buildings. Mr. Kranstuber responded that he would support this. Mrs. Stillwell suggested that more community input is needed on this issue. Allen Shepherd. Sports Ohio owner testified that he would respond to any questions from Council on this matter. Mr. Zawaly summarized that Mr. Smith is recommending that Council defeat the ordinance before them and that new legislation be drafted which incorporates the entertainment facility attachment to the arcade. In other words, the permitted use for video games under the zoning code would be where the primary use is entertainment. Discussion followed about whether to refer the matter to committee, whether to schedule it for third reading on December 18 with an amended version, or to schedule additional readings. Mrs. King commented that she supports the provision that requires annual renewal of a license. This provides an opportunity for annual scrutiny if there are problems with the operation. Secondly, she would support scheduling a third reading and if there is a lot of public interest and debate, it could then be sent to Committee. Mr. Hansley pointed out that the present draft ordinance does not provide for non-issuance of a renewal of license for just cause. He asked if there are four members of Council who would support including such a provision adopting policy guidelines in this regard. It was the consensus of Council to support such a provision. Mr. Smith noted that he will prepare the revisions for Council's consideration on December 18. 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 General Ordinances of the City Dealing with Subjects Embraced in Said Code. (Second Reading) Mr. Hansley stated that staff recommends that the ordinance be tabled until January 8, 1996 in order to allow time for the Police and Court divisions to modify their forms. Under the Dublin Charter, the codification is effectively immediately upon passage. Mrs. King moved. to table the third reading of the ordinance until January 8, 1996. Mr. Zawaly seconded the motion. Vote on the motion -Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Stillwell, yes. Ordinance No. 115-95 - An Ordinance Providing for a Change in Zoning for Two Tracts Being 0.306 and 2.320 Acres of Land Located on the South Side of Bridge Street and West Side of )E~anklin Street from: CCC, Central Community Commercial and R-4, Suburban Residential District to: SO, Suburban Office and Institutional District. (Dublin Commuc~ity Church) (First Reading) (Applicant: Dublin Community Church, Paul W. Phillips, 2885 W. Dublin-Granville Road, Columbus, OH 43235) Mrs. King introduced the ordinance. Ms. Clarke commented that the church wishes to expand the parking lot and remove a house on Franklin Street as part of this proposal. Mr. Zawaly moved to refer this to Planning & Zoning Commission. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, abstain; Mr. Zawaly, yes. I ~i', I ~ 3 a RECORD OF' PROCEEDING Minutes of Dublin City Council Meeting Page 10 Meeting DA`(fON LEGAL BLANK CO.. R Held December 11, 1995 19 Ordinance No. 116-95 - An Ordinance Providing for a Change in Zoning for 99.475 Acres of Land Located on the North Side of Brand Road and V6Test Side of Avery Road, Extending to the Franklin County/Union County Line from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District.. (Erwin West) (First Reading) (Applicant: Rockford Homes c/o Ben W. Hale, Jr., Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mr. Kranstuber introduced the ordinance. Mr. Strip moved to refer the ordinance to Planning & Zoning Commission. Mr. Zawaly seconded the motion. Mayor Campbell stated that an adjacent parcel owned by Enid Hansel will be affected by this rezoning, and there was previous discussion about the desirability of incorporating the Hansel property into this rezoning. Ms. Clarke responded that this has been discussed, but the parcel has not been incorporated as of this date. Vote on the motion -Mrs. Stillwell, yes; IVIr. Strip, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mrs. King, no; Mr. Zawaly, yes; Mayor Campbell, yes. Other Detention Exemption Request for M.L. "Red" Trabue Nature Preserve Mr. Kindra stated that a 1.46 acre portion of impermeable surface is involved with this detention exemption request. Staff recommends this exemption which will not adversely impact downstream properties. A memo has been provided in the Council packet with additional detail. Brief discussion followed about whether the exemption can be withdrawn at a later date if conditions warrant. Mrs. King commented that there is a reasonable rationale for the waiver in this case and then moved to approve the detention exemption request for the M.L. "Red" Trabue Nature Preserve. Mr. Strip seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, no; k. f Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Recommendation for Hotel/Motel Tax Award for Dublin Arts Council Mr. Strip reported that the Finance Committee recommends approval of a grant; of $113,850 to the Dublin Arts Council as discussed at the budget hearing on Saturday. Mrs. King seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Report from Public Services Committee re Proposed Community Recreation Center fees Mr. Kranstuber reported that the Committee recommends adoption of Chart AA which represents a three-tiered system of charges for Dublin residents, school district residents and non-residents. He moved adoption of the schedule as presented to Council. Mr. Strip seconded the motion. Mrs. Boring commented that she would propose that staff re-evaluate the outdoor pool fees in view of the fact that the outdoor pool has been profitable. Mr. Hansley clarified that operating overages do not necessarily translate to profit since there are repair and maintenance costs associated with the facility over the long term. Mr. Kranstuber asked that staff review the outdoor pool fees for possible adjustment prior to publication of the spring brochure. Mr. Strip asked for clarification about the established age for the senior category. Staff responded that it is 55 or 60 -whatever the established level is at the current time for Dublin's senior programs. They will clarify this prior to the first reading for the fee ordinance. Mr. Zawaly suggested that the half dollar be eliminated from the first entry on the schedule for purposes of simplifying the fees. Mayor Campbell pointed out that City of Dublin residents receive a reduced fee because they are paying for the facility through their income taxes. Likewise, the corporate employee who works in Dublin and contributes income tax dollars is'given a reduced rate. The school district residents and non-residents pay higher fees with their annual passes in lieu of contributing income tax dollars to the City of Dublin. He added that the fees are very reasonable in all categories compared to the fees charged by private clubs. RECORD OF' PROCEEDLNGa , Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK O.. Held December 11, 1995 19 Mrs. Stillwell asked for confirmation that the proposed season pass fees for the rec center are actually annual fees. Ms. Jordan responded that they are annual fees and staff proposes an option of paying fees on a monthly basis over the year. ` ' Mr. Zawaly pointed out that for senior .Dublin residents and. senior Dublin school .district residents for the rec center alone, the monthly fees multiplied by 12 is less than the yearly fee charged. Ms. Jordan stated that the fees will be fine-tuned to correct these inconsistencies. Mr. Hansley suggested that Council adopt the fee schedule in concept based upon the three-tiered structure, and that staff provide the ordinance with minor corrections. There will be no substantive changes. Mayor Campbell suggested that staff make the minor .revisions, draft this into ordinance form for emergency action at the December 18 meeting so that the fees can be published in a timely manner. Mr. Kranstuber amended his motion to adopt the fees as proposed with the fine tuning of specific numbers discussed this evening. Mr. Strip seconded the amended motion. Vote on the motion -Mrs. Boring, yes; Mrs. King, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Mrs. Boring then moved to have staff re-evaluate the outdoor pool fees and bring Council a proposed adjustment at the January 8 meeting. Mr. Zawaly seconded the motion. Mayor Campbell emphasized that there are tremendous capital costs and maintenance costs involved with the outdoor pool as well as operational costs. This is an important consideration in any evaluation of the fees. Mr. Hansley clarified that the ordinance being drafted will address the recreation center fees only; the outdoor pool fees will. be dealt with separately in January, and at that time, the fees. can be established for a combined outdoor pool/rec center membership. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. King, yes. Council Committee Reports Mrs. King, Community Development Committee moved that the Community Development Committee of Council discuss. and. make recommendation to Council on whether or not Council should entertain an ordinance requiring a payment in lieu of street tree plantings, sidewalk construction or stormwater detention or similar requirements when the applicant seeks a waiver of the requirement. Mrs. Boring seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Mayor Campbell adjourned the meeting at 10:35 p.m. May - Presidi g O cer Clerk of Council