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HomeMy WebLinkAbout03/21/1994 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting OAY70N LEGAL BLANK CO., F R Held March 21, 1994 19 The regularly scheduled meeting of the Dublin City Council was called to order b Ma or Joel Cam bell at 7:30 y y p p.m. on Monday, March 21, 1994. The Pledge of Allegiance was led by Mr. Kranstuber. Members of Council present for roll call were: Mrs. Boring, Mr. Zawaly, Mr. Kranstuber, Mayor Campbell, Mrs. Stillwell and Mrs. King. Mr. Strip was absent (excused). Mr. Hansley, Mr. Foegler, Ms. Grigsby and Mr. Smith were also present. Approval of Minutes of March 7, 1994 Meeting The clerk reported that the minutes from March 7 have not been completed at this time. The approval of the minutes was delayed until the next meeting of Council. Correspondence The clerk reported that there was no correspondence to Council. Comments from Visitors There were no comments from visitors. Motion for Reconsideration Mayor Campbell moved that Ordinance 59-93 (defeated on March 7) be reconsidered, then tabled indefinitely, and that two weeks advance public notice be given prior to any reconsideration of the ordinance. Mayor Campbell explained the factors which impact on his decision to move for reconsideration: 1. His previous concern was with the lack of adequate protection for the City of Dublin in respect to the East branch sewer capacity issue. He was given a letter today from the City of Columbus stating that Columbus is willing to reconsider their position on this type of development in this particular area under some conditions, and that at this point, Columbus believes further study is warranted. 2. Mr. Harrison Smith will further study the sewer capacity issue and will present to Council at a later date a resolution of the problem that will be satisfactory to Columbus. Mrs. Stillwell seconded the motion. Mrs. Boring expressed concern that it is too soon to abandon the idea of commercial development in this area. Mrs. King commented that tabling the ordinance at this point would not obligate Council to approve or disapprove the rezoning at a later date. The three studies currently underway by the City - MSI Fee study, Community Plan Update, and Mt. Auburn Associates Economic Development Study - will help Council to make a more informed decision at a later date in regard to this rezoning. Mr. Zawaly affirmed his opposition to the rezoning, stating that he has received overwhelming response from the community supporting Council's vote against a downzoning of commercial property to multi-family use. Regardless of when the ordinance is reconsidered, Mr. Zawaly will be opposed to the rezoning. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mrs. Boring, no; Mr. Zawaly, no. Mayor Campbell summarized that Ordinance 59-93 has now been tabled indefinitely; Council will provide two weeks public notice prior to another hearing on the matter. Legislation Ordinance No. 88-93 - An Ordinance Providing for a Change of Zoning of 111.203 Acres of Land Located on the East Side of Cosgray Road Approximately 1,000 Feet to the North of Shier-Rings Road from: PIP, Planned Industrial Park District to: PIP, Planned Industrial Park District. (Sports Ohio) (Public Hearing) (Applicant: Allen S. Shepherd III, 6295 Cosgray Road, Amlin, OH 43002) Registered as a proponent was Allen S. Shepherd, 6295 Cosgray Road. There were no registered opponents. Ms. Clarke stated that this is a rezoning application for 111 acres located on the east side of Cosgray Road. The official name of the development is the Northwest Dublin Commercial Park, and it will house the Sports Ohio complex. She showed slides of the site and described the surrounding area. The text is being amended to provide a set of development standards appropriate for the recreational type uses that are under construction and in operation in the area at the present time. The application was approved by the Planning Commission in November with the following conditions: RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BL4NK CO., F R Held March 21, 1994 19 1. That all applicable conditions from the rezoning and planning process continue to apply and be binding until and unless properly modified; 2. That the text be further modified regarding commercial use, building square footage, lighting, signage, architecture, etc. to maintain a coordinated park, as approved by staff; 3. That the developer submit a revised preliminary plat for consideration within 90 days; r 4. That the documents referenced in the text be submitted prior to the Council hearing. Ms. Clarke commented that a notable item in the text is the permitted use of an amusement arcade. She reminded Council that Dublin's present Code restricts game machines to three at any one location. Mr. Shepherd is hopeful that Council will give some reconsideration to modifying this portion of the Code. Ms. Clarke pointed out that, for the record, the text cannot override the present Code which restricts the number of game machines. The text could be later amended if the Code is changed by Council. Discussion followed by Council. Mr. Shepherd stated that he would agree to additional language in the text stating that the arcade would be governed by the restrictions contained in the current Dublin Code. There will be a third reading of the ordinance at the April 4 Council meeting. Mr. Shepherd requested that Council give consideration to the road alignment issue as contained in the preliminary plat for the Northwest Dublin Commerce Park (listed under the "Other" portion of the agenda.) It was the consensus of Council to adjust the agenda to allow consideration of the preliminary plat at this time. Preliminarv Plat -Northwest Dublin Commercial Park Ms. Clarke reviewed slides of the area and stated that Planning & Zoning Commission has approved the plat with 8 conditions: 1. That the developer provide an alternate system of sidewalks and bikepaths, subject to staff approval; Ms. Clarke provided clarification regarding this condition, stating that the developer has agreed to provide a 10 foot wide bike path system on one side of the internal street system and to provide a stub to the north that could be picked up by the property owner and taken further north. There would be direct bike access between this recreational park of a commercial nature and the recreational park of a public nature across the street. Staff had specifically requested that, plus a bike path down Cosgray Road. The Planning Commission felt that the bike path on Cosgray Road should not be required at this time, as there are open ditch sections on either side of Cosgray and inadequate space to install a bike path until the road is reconstructed. At some point, Cosgray Road will be expanded and the project may be partially assessed. 2. That the developer provide easements for public utilities and any bikepaths located outside the public right-of--way; 3. That the public street be constructed to current city standards, subject to the approval of the City Engineer; 4. That the final plat for Phase 2 carry the necessary notes to indicate the property owner's maintenance responsibility; 5. That the developer file the master development plan for the park; 6. That the developer revise this plat to conform with any conditions of City Council relating to the pending rezoning ordinance; 7. That a street realignment to the north be evaluated by the developer and staff, and if unfeasible, the alignment as presented is accepted subject to staff approval; and 8. That no bikepath along Cosgray Road be required at this time. She explained that the bases for the motion for approval are: 1. The preliminary plat as modified above meets the requirements of the Subdivision Code and the PIP District. 2. The plat promotes the coordinated development of the area as a sports park which is compatible with the surrounding development. 3. The preliminary plat conforms to the goals of the Community Plan and the Southwest Area Plan. Mr. Shepherd stated that he has problems with Condition #8 which states "at this time". He would have no problem with this condition, as long as it occurs later under an assessment process. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK Held- March 21, 1994 19 Discussion followed about clarification needed for condition #8. Ms. Clarke explained that Planning Commission's intention with Condition #8 was that the bikepath should not be required as part of the preliminary plat, but should be required at the time the road is expanded. Ms. Clarke added that staff supports having the bike path built now to accommodate the large number of children coming to the site, although staff recognizes there are no bike path connections to join this path. Discussion followed about amending condition #8 to require a bikepath at certain trigger points, i.e., when Cosgray Road is improved or expanded or when a bikepath connection becomes available to the north or south. Ms. Clarke clarified that a bikepath will be required; only Council can change that requirement. Mrs. King moved approval of the preliminary plat with all of the conditions of Planning & Zoning, and with a revision to Condition #8, stating that "no bikepath along Cosgray Road be required until Cosgray Road is improved, widened, rebuilt, or reconstructed." Mr. Kranstuber seconded the motion. Mrs. King moved to amend the motion, adding to Condition #8 as revised, "with the expectation that an appropriate portion of the cost of the improvement would be assessed to the adjoining ~ landowners." Mr. Kranstuber seconded the amended motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Ordinance No. 96-93 - An Ordinance Providing for a Change of Zoning of 3.679 Acres of Land - Located on the Northeast Corner of Innovation Drive (formerly Enterprise Drive) and Wilcox Road from: RI, Restricted Industrial District to: SO, Suburban Office and Institutional District. (Public Hearing) (Applicant: DCP Associates, P.O. Box 370, Dublin, OH 43017) Registered as a proponent was Luis G. Weil, 6233 Avery Road, Dublin, OH 43017). There were no registered opponents. Ms. Clarke stated that this is a proposal for a downzoning from one commercial classification to another. The proposed use is for office. The application was reviewed by Planning Commission in December and they recommended approval by a vote of 6-0 with three conditions: 1. That all plans conform to Code with respect to landscaping, signage, lot coverage and parking; 2. That the individual developments conform to Dublin lighting guidelines; 3. That the applicant install an 8' bikepath on the south side of Innovation Drive between Heather Glen Boulevard and the western property line of Heather Glen, when deemed necessary by staff. The applicant has agreed to all conditions. Lou Weil, applicant, stated that 80 percent of the land to be rezoned is in contract at this time, and the intended user is an environmental engineering firm -Hall Engineering, currently located on Commerce Parkway. Another proposed user will be a Toledo firm moving their headquarters to Dublin. There were no questions from Council. There will be a third reading of the ordinance at the April 4 Council meeting. Ordinance No. 111-93 - An Ordinance Providing for a Change of Zoning of 81.994 Acres of Land Located on the Northwest Corner of Avery Road and Brand Road from: R-1, Restricted Suburban Residential District to: PUD, Planned Unit Development District. (for asingle- family development known as Shannon Glen) (Public Hearing) (Applicant: Robert A. Meyer, 41 South High Street, Columbus, OH 43215) Registered as proponents were Keith Myers, 523 N. Park Street, Rob Meyer, 5501 Frantz Road, Bruce Massa, 42 E. Gay Street, and Miles Hebert, EMH&T, Inc. There were no registered opponents. Ms. Clarke showed slides and described the site and surrounding area. The site is basically diagonally divided by a creek, and so the developer is setting up two fairly independent neighborhoods -one with access from Avery Road and the other with access along Brand Road. The flood plain and some developable acres around it has been designed as a centerpiece of the neighborhoods. The proposed plan was reworked in the Planning & Zoning process resulting in lot RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK C Held- March 21, 1994 19 widths of 80 feet for most of the subdivision. The overall development density is approximately two units per acre. There will be 162 lots with just over 20 acres of parkland. The Planning Commission recommended approval in February with 17 conditions: 1. That a hydraulic study of the stream be provided, addressing its current capacity and the impact of this site on its future capacity, and that appropriate modifications be made to the stream and to the FEMA maps, as required by staff, before approval of the Final Development plat; 2. That a revised Development Text be submitted prior to the Council public hearing; 3. That floodway and floodplain boundaries be accurately shown on all plat, planning, building permit, and engineering documents and that all City Codes be met regarding floodways and floodplains; 4. That all "floodway plus 20" areas be included within the public space, to be demonstrated on the preliminary plat; 5. That a bikepath be constructed along the north side of Brand Road in lieu of a sidewalk and through the subdivision to the streamside park, subject to Staff approval; 6. That stormwater management conform to City of Dublin standards; 7. That the layout of the streets, including left turn stacking at the entrances, meets the requirements of the City Engineer for traffic safety and emergency vehicular access; 8. That the applicant provide a tree survey for landmark trees within 60 days of approval of the Preliminary Development Plan, submit provisions for tree preservation, a plan for street trees, and entry feature landscape plan, and Avery Road landscape plan as approved by staff; 9. That the open space along Brand Road, within the mini-greens, within the eyebrows and cul- de-sacs be maintained by the homeowners association and indicated on the Final Plat; 10. That the revised Preliminary Plat and the Final Plat indicate no-parking zones, as required by the City Engineer; 11. That the layout of all non-standard street components meets the approval of the City Engineer and the Fire Chief before the Final Development Plan is considered by the Planning Commission; 12. That Staff and the developer will determine if all lots are buildable, and those that are not will become parkland; 13. That the applicant provide street lights at all entrances subject to Staff approval; 14. That the southeast corner of the development be left in a natural condition with no clear cutting except as necessary for bikepath or stream clearing; 15. That Brand Road be widened on the north side which may require ditch modifications; 16. That stormwater basins on Avery Road be constructed as wet basins; and 17. That a no-build zone, 75 feet from centerline, be established along Avery Road. Mrs. King asked for clarification about Condition #1 relating to the flood plain. Ms. Clarke explained that the developer is proposing to fill in a portion of the flood plain, and will make appropriate application to FEMA to do so. The developer is requesting a letter of map amendment which would change the limits of the flood plain within this area. Mrs. King expressed concern with any stream channel modification and the impacts this would have on the stream environmentally and on the downstream property owners. She believes it would be more appropriate to restrict building on lots that would have wet basements rather than to constrict the flood plain. Mrs. King also expressed concern that Condition #12, stating that the staff and developer will determine if all lots are buildable and those that are not will become parkland, is fairly open-ended. Mrs. King suggested that one way to deal with concerns about Condition #1 would be to augment the size of the detention ponds to accommodate the constriction that occurs with filling in a flood plain. Ms. Clarke responded that requests for filling in the flood plain are reviewed by Engineering in terms of the capacity being maintained on the site or elsewhere within the drainage basin. If adequate detention is provided on the site, the downstream property owners should not be substantially impacted. Mrs. Stillwell pointed out a discrepancy in the acreage amount of the ordinance. Ms. Clarke stated that the legal description for the ordinance contains 82.58 acres, and the discrepancy involves the inclusion of right-of--way or an older survey. Rob Mever. revresenting applicant Midwest Land Fund stated that he is joined tonight by Bruce Massa, Keith Myers, and Miles Hebert of EMH&T. Mr. Hebert is trained as a hydrologist and will address issues involving the flood plain. Mr. Meyer described the features of the development, RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAKON LEGAL ELAN Held- March 21, 1994 19 including mini-greens, 1621ots of 80 feet in width, with cul-de-sac lots slightly less in width. There are 20.3 acres of open space. There is landscape detail along Avery Road, street lighting and provision for bikepaths. The developer has enjoyed the support of area residents at the Planning & Zoning Commission meetings. The plan is a workable one, particularly with respect to the issues involving the stream that runs through the center. . Miles Hebert. EMH&T addressed Council in regard to the hydraulic study of the stream. They are requesting channelization in the area of an existing stream crossing where sediment has clogged the stream. He believes that they can perform the FEMA revision and demonstrate that the developable areas will be out of the 100-year flood plain. A hydraulic study will be done to demonstrate no adverse impact to contiguous upstream landowners. Another hydrologic study will be prepared reflecting on-site stormwater detention, demonstrating no adverse impact to downstream property owners as a result of stormwater runoff from the site. There were no additional questions from Council. There will be a third reading of the ordinance at the April 4 Council meeting. Ordinance No. 18-94 - An Ordinance Providing for a Change of Zoning of 48.049 Acres of Land Located on the Northwest Corner of Post Road and Coffman Road from: R-1, Restricted Suburban Residential District to: PUD, Planned Unit Development District. (Coffman Park) (Public Hearing) (Applicant: Timothy C. Hansley, City of Dublin, 6665 Coffman Road) Registered as proponents were Mitchell Grant, 6699 Willowgrove Lane, Dublin; Janet Jordan, 6665 Coffman Road, Mark Gialucca, 523 W. Park Street, and Mark Bodein, 1776 E. Broad Street, Columbus, Ohio. Registered as opponents were William Zimlich, 5431 Tara Hill Drive; S.N. Goyal, 5407 Tara Hill; R.L. Goelz, 5617 Tara Hill; R.G. Hodel, 5587 Tara Hill; Eric Silver, 6933 Ernest Way; Tom Buchan, 5729 Tara Hill; and Bill Jurasek, 5677 Tara Hill. Ms. Clarke stated that the application is a combined concept plan and preliminary development plan. The City now owns x1146 acres which is currently zoned R-1. Staff believes the PUD zoning would be appropriate since it requires that the City provide the most definable set of its aspirations of how the land will be developed. In this rezoning, the City is the applicant and is acting as the developer of the 46 acres, 28 of which have been owned by the City for a decade or more and an additional 18 which was recently purchased from the Thomas family. She then showed slides of the site and described the surrounding area. Ms. Clarke noted that two public meetings have been held recently on the Community Recreation Center plans -one for the perimeter property owners to preview the plan and another at the Planning Commission. Substantial concerns have been raised about the traffic planning, and Doyle Clear from Barton-Aschman is present to address these issues tonight. His report was contained in the packet. Planning Commission recommended approval of the rezoning with 5 conditions: 1. That the text and plan information be reconciled to be consistent; 2. That the recommendation of the traffic consultant be incorporated to provide optimal traffic flow and circulation; 3. That the bridge, grading and improvements be designed and installed in compliance with FEMA regulations regarding flood hazard areas; 4. That the plan be resubmitted for amendment if determined to be inconsistent with the final recommendations of the Coffman Park Master Plan; 5. That an application be filed with the Board of Zoning Appeals if determined to be an appropriate measure by the Law Director, with regard to the floodway plus 20 feet ,.a regulations. u, Doyle Clear. Barton-Aschman stated that he was asked by staff to review traffic impact and parking associated with the proposed Recreation Center. He looked at three different possible maximum use scenarios and came up with a maximum parking demand of about 350 to 360 cars. He is recommending the full maximum number of parking spaces be built in phase one because the need will be there. He noted that the access point from Tara Hill is a critical one for the site, estimated to serve about 25 percent of the people coming to the Center. Eliminating the access point on Tara Hill will not reduce the traffic volumes using Tara Hill to get to another entrance to the Center from Coffman or Post. The Tara Hill entrance will serve as a neighborhood access site, while the Post Road entrance will serve the regional traffic. The access from Coffman Road will be utilized more when the road is improved and a left turn lane is added. In addition, his firm has worked with the site planners to provide adequate turning radii for buses and to provide ample drop-off and pick-up zones at the Center. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK C R Helms March 21, 1994 19 Discussion followed about the traffic patterns, the driving time study, and the update of the Thoroughfare Plan with the Community Plan update. Mark Gialucca Mvers Schmalenberger noted that the Downpatrick entrance would be a gated neighborhood entrance. The facility administrator would determine whether it is closed each evening or left open. He then provided information on the grading and buffering issues. The finished floor elevation of the building will be about 3 to 4 feet below the elevation of the north property line. The slope will be south toward the Indian Run, and thus the parking lot will be about 3 feet lower than the property line. This will prevent the car lights from shining in the windows of the neighbors to the north. He then described the buffering to be installed on the site. At this point, Mayor Campbell invited the public to testify. Mitchell Grant 6699 Willow Grove lane stated that he is the Vice President of the Willow Grove Condominium Owners Association and represents 103 unit owners. The Association's number one concern is traffic and the difficulty in making a left turn out of Willow Grove. He asked that Council keep in mind the 103 unit owners in planning for the Coffman Road widening and the Recreation Center. Janet Jordan Parks & Recreation Director stated that she is present to answer any questions from Council. Mr. Zawaly asked what would be in the space that will ultimately be occupied by Phase 2 during the interim period between Phase 1 and 2. Ms. Jordan responded that it will be lawn space and some minor landscaping that will be movable. Mr. Kranstuber asked her to confirm the groundbreaking date for the site as Memorial Day. Ms. Jordan responded that late spring or early summer is still the targeted timeframe. Mark Bodein. Mood, Nolan, architects for the Center, stated that they are very pleased with the way the plan has developed. He offered to answer any questions. William Zimlich, 5431 Tara Hill, stated that he has delivered a letter to the Mayor from a neighbor, Mr. and Mrs. Lee. Mayor Campbell responded that the letter will be included in the package of letters on the rezoning issue. The Lees are concerned about the traffic issues involving Tara Hill. Mr. Zimlich expressed concern about the traffic issues and volumes of existing traffic from the high school. He and his neighbors have existing problems with drainage around their homes and are concerned that mounding could worsen the problem. They look forward to having a "good neighbor" in their back yard, but don't want any more associated traffic problems. S.N. Goyal, 5407 Tara Hill stated that Council should consider building a walkway or bicycle path instead of a roadway from Tara Hill. He is very concerned with existing traffic problems on Tara Hill, and the Center would add to them. He noted that his sump pump is running around the clock and has been replaced twice. With the added lot coverage of the Center, he is afraid that his drainage problems will worsen. R.L. Goelz. 5617 Tara hill stated that the Community Center makes sense overall, but he has concerns with the volume of traffic entering the Center from Tara Hill and the possibility of difficulty in parking along Tara Hill. Dropping off children at the Center could cause congestion ~ problems on Tara Hill. He is also looking for some assurances from the city about resolution of the drainage situation. Mr. Gialucca responded, stating that existing drainage will be improved along the property line during the construction process. Most of the project will drain to the south. Discussion followed about the possibility of patrons of the Center parking on Tara Hill and walking to the Center. Ms. Clarke commented that the distance from the Center's front door to Tara Hill will discourage parking on Tara Hill. During major events such as the Irish Festival, the City may have to monitor parking and possibly use the high school parking lot. Parking could be prohibited on Tara Hill during these events. Mr. Hodel. 5587 Tara Hill commented that he sees the Tara Hill access point not as a neighborhood access but rather as a "funnel" for large amounts of traffic. He does not believe 45 feet is an RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK Held March 21, 1994 19 adequate buffer for 350 cars and buses. During the peak usage time in the winter, there will be no foliage on the trees. He trusts the City and Council to take care of the drainage problem and the traffic concerns. The proposed Rec Center building is beautiful. Eric Silver. 6933 Ernest Wav stated that he has lived in Dublin 10 days. Before purchasing a home in Dublin, he checked with the City regarding plans for the park. He was told that there would not be an access from Tara Hill at that time, but he understands that things can change. He has concerns with the quality of life issue for residents of Tara Hill. He believes there will be much more traffic through Tara Hill than has been estimated by the City's traffic consultant. Tom Buchan, 5729 Tara Hill stated that he has recently purchased his home. He, too, has concerns with the access from Tara Hill and the safety issues which will result for the small children living in the area. He suggests moving the parking area to the Post Road entrance instead of adjacent to the Tara Hill entrance. He would prefer that the Tara Hill entrance be a pedestrian accessway. He also requests that a green area be maintained in the park area behind the homes on Tara Hill. Bill Jurasek, 5677 Tara Hill stated that he has nothing further to add to what has been testified. Mrs. Boring asked if consideration was given to moving the parking lot to the Post Road entrance. Ms. Clarke responded that it was considered but did not fit in that area. Mrs. King suggested adding a Condition #6 stating that the drainage at the northern boundary of the site will be improved, or whatever language would be appropriate to make this commitment to the residents of the adjacent properties. Mayor Campbell indicated that he would favor adding such a condition. Mr. Kranstuber commented that some of the existing problems do not relate to the Recreation Center, but to the extent that they can be improved, he would support such a condition. Ms. Clarke noted that insofar as it is within the City's ability to regrade the area to improve the drainage, this would be possible. Many areas of Dublin, however, have high ground water resulting in continual operation of sump pumps. The City cannot change the ground water level with the regrading. Mrs. King noted that she is referring not to subterranean drainage but to surface drainage. She is hopeful that regrading the area can improve the surface drainage. Mr. Kranstuber suggested that the added condition include language, "to the extent possible to improve the situation, but in any case, not making the situation worse." There will be a third reading of the ordinance at the April 4 Council meeting. Ordinance No. 106-93 - An Ordinance to Accept an Annexation of 26.976+/- Acres in Jerome Township, Union County to the City of Dublin. (Tabled Ordinance) (Applicant: Harrison W. Smith, Jr., Agent for Petitioner Shawnee Hills Land Company, 5131 Post Road, Dublin, OH 43017) Mayor Campbell noted that he has been given a copy of a letter sent to Steve Smith by Harrison Smith requesting that this item be left on the table and held over until the second April meeting of Council. Mrs. King asked why this item should not be tabled indefinitely. In this way, Council can determine at which point to take it off the table. Steve Smith stated that Council can table this indefinitely if they wish. He noted that Council has 120 days following the first reading to take action on an annexation petition. Harrison Smith has requested the later April meeting date in order to respond to issues previously raised by Council. Mayor Campbell commented that any item that is tabled requires action from Council to remove it from the table. Thus, procedurally, he believes it would be appropriate to table items indefinitely since they will always require action from Council to remove them from the table. Tabling until a certain date does not necessarily indicate that Council will choose to remove the item on that date. Following brief discussion, Mayor Campbell stated that Council may choose to take items off the table, but in order to provide adequate notice to affected parties, Council should then set the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK C R Held March 21, 1994 19 ordinance for hearing at the following Council meeting. He believes it is important to continue to show tabled items on the agenda to ensure that action is taken at some point. There was no objection to implementation of these procedures. Mrs. King moved to table Ordinance 106-93 indefinitely. ~r; Mr. Zawaly seconded the motion. Steve Smith confirmed that he will notify Harrison Smith that a request must be made at the April 4 meeting to remove this item from the tablein order to set a hearing date of April 18. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. Ordinance No. 01-94 - An Ordinance Amending Certain Sections of the Compensation Plan (Ordinance No. 23-93). (Tabled Ordinance) Mayor Campbell asked for a status report on this ordinance which was tabled indefinitely. Mr. Kranstuber stated that at the next Council meeting, he will request that it be removed from the table for hearing four weeks from tonight. 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) Mr. Hansley stated that staff recommends that Council table this item indefinitely. Staff has engaged a consultant who will meet soon with both utilities that serve Dublin at this time. Mr. Kranstuber moved that the ordinance be tabled indefinitely. Mrs. King seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; . Mrs. Stillwell, yes; Mayor Campbell, yes. Ordinance No. 19-94 - An Ordinance Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield During the Annual Memorial Tournament. (Second Reading) Lt. Rob Geis described in detail the traffic plans for the tournament which are basically the same as last year. Staff was very pleased with the traffic planning effort last year and hopes to again move traffic smoothly in and out of the tournament area. Cooperation is provided from Franklin County and Delaware County Sheriff's Departments, the State Highway Patrol and the City of Columbus Division of Police. Brief discussion followed on the need to have an ordinance for traffic regulation versus administrative action by staff. Mayor Campbell noted that three readings at Council provides an opportunity for residents to bring any issues to Council about the traffic plans. There will be a third reading at the April 4 Council meeting. Ordinance No. 20-94 - An Ordinance Amending Chapter 717 of the Codified Ordinances of the City of Dublin, Ohio. (Peddlers and Solicitors) (Second Reading) Mr. Smith reported that he has had discussions with some Council members, and he plans to provide amendments to the legislation prior to the third reading. The amendments will involve the method for designating local charities. Mrs. King commented that she has contacted the Girl Scouts of America representatives in regard to the proposed changes. The representatives indicate that other communities have similar ordinances and the Girl Scouts have worked well with them. They anticipate no problems with Dublin's new law. Ordinance No. 21-94 - An Ordinance Amendin the Annual A Fiscal Year Ending December 31, 1994. (for Installation of traff cos gnal and left turn lanes at Bright Road/Riverside Drive intersection) (First Reading) Mrs. Boring introduced the ordinance. She noted that the last packet contained information related to the need for the signal. Staff is supportive of the installation of a signal for safety reasons. There will be a second reading at the April 4 Council meeting. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK Held March 21, 1994 19 Ordinance No. 22-94 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1994. (for Day labor contract program of stream cleaning) (First Reading) Mrs. Stillwell introduced the ordinance. She explained that a background memo was included in the packet. This ordinance will allocate funds of up to $200,000 for stream cleaning. Another $150,000 has already been budgeted for an urban stormwater infrastructure system survey, as noted on the second page of the memo. She added that she has discussed the issue of private versus public stream maintenance with Mr. Smith today. Mr. Smith will obtain the necessary permission from private property owners to access their property in this clean-up effort. Discussion followed about the breakdown of critical, severe and poor areas in the report. Mr. Kindra stated that the work proposed to be undertaken will not constitute along-term solution to the problems. An engineering study will be done to provide information for long-term resolution of the issues. There will be a second reading at the April 4 Council meeting. Ordinance No. 23-94 - An Ordinance Approving the Editing and Inclusion of Certain Ordinances as Parts of the Various Component Codes of the Codified Ordinances of Dublin, Ohio, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Smith reported that the ordinance is a housekeeping one which is done each year to incorporate the ordinances passed by Council in 1993 as well as the State Code changes for traffic and criminal Codes. Mr. Kranstuber moved that the three-time reading rule be waived and that the ordinance be treated as emergency legislation. ~r Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes. Vote on the ordinance -Mrs. King, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes. Ordinance No. 24-94 - An Ordinance to Accept an Annexation of 20.22+/- Acres from Jerome Township, Union County to the City of Dublin. (First Reading) (Applicant: William H. Adams, Agent for Petitioners Warren W. & Helen L. Gorden, 7270 Hyland Croy Road, Plain City, OH 43064) Mayor Campbell introduced the ordinance, noting that the applicant should be made aware that Council was hesitant to do so. He added that he is introducing the ordinance, but does not have an indication that it will go forward. Mr. Hansley commented that due to previous discussion by Council regarding future annexations, staff intends to provide recommendations on this and all future annexations. Staff has also prepared detailed maps for the annexations presented to Council tonight. Ordinance No. 25-94 - An Ordinance to Accept an Annexation of 119.6+/- Acres from Washington Township, Franklin County to the City of Dublin. (First Reading) (Applicant: Robert A. Meyer, Jr., Agent for William K. Southworth, 4735 Nugentt Drive, Columbus, OH 43221 and Dortha Mae Bowman, 5599 Hayden Run Road, Amlin, OH 43002) There was no introduction from Council of Ordinance No. 25-94. Ordinance No. 26-94 - An Ordinance Accepting a Bid for the Rings Road, Dublin Road k and Tuttle Crossing Boulevard Waterline, Phase 2, 1994, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance and moved that it be treated as emergency legislation and that the three-time reading rule be waived. Mrs. Stillwell seconded the motion. Mr. Hansley explained that this water line will serve the new water tower, and the emergency action is requested so that the waterline will be available when the tower is ready. The tower will be on- line by late fall of this year. The bids for the waterline came in at $1,000,000, $700,000 below the estimate of $1,700,000. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK Held March 21, 1994 19 Vote on the ordinance -Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. R~ Ordinance No. 27-94 - An Ordinance Requesting Approval to Change the Name of Sweeney Boulevard to Sweeney Court in the City of Dublin, Ohio. (First Reading) Mrs. Stillwell introduced the ordinance. Mrs. Stillwell, Chair of Public Service Committee, stated that this street name change is requested due to the short length of the cul-de-sac street which should more appropriately be named "court" instead of "boulevard." The residents have requested the change. There will be a second reading at the April 4 Council meeting. Ordinance No. 28-94 - An Ordinance Accepting a Bid for the Street Widening Improvements at S.R. 257 (Riverside Drive) at Tuller Road, and Declaring an Emergency. (First Reading) Mrs. Boring introduced the ordinance and moved that it be treated as emergency legislation and that the three-time reading rule be waived. Mrs. King seconded the motion. Mr. Hansley noted that staff is recommending emergency action due to the safety issues involved with this major intersection. Vote on the motion -Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mayor Campbell, yes. Vote on the ordinance - Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mrs. Boring, yes. Resolution No. 04-94- A Resolution Approving the $49/Ton Generation Fee as Proposed by the Solid Waste Authority of Central Ohio. (First Reading) Mrs. King introduced the resolution. Mr. McDaniel provided a report to Council in the packet. He noted that many communities have not taken a position yet on the proposal. There is a 60-day deadline within which Council must take action -inaction will constitute a "yes" vote. Mr. McDaniel recommends passage of the resolution as outlined in his report. Mr. McDaniel also noted that the Solid Waste Advisory Committee has had brief discussion of this issue. He plans to review the report with SWAG at their next meeting. Mrs. King moved to refer the resolution to SWAG for report back to Council. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes. OTHER Discussion re SR 745 Closure for Amberleigh Subdivision Construction Charlie Driscoll, representing Multicon, Inc., developer of Amberleigh, stated that staff has agreed with the developer that closing the road would be safer and more economical than building a temporary bypass at a cost estimated to be $70,000. Building a bypass would also add two to four weeks to the construction time. Mr. Kindra confirmed that his recommendation is that the safest, most efficient and economic option is to close S.R. 745 up to four weeks, rerouting the traffic to Glick, Muirfield and Brand Road. He added that he is not ready to make a recommendation at this time in regard to the earlier discussion of closing the entrances of Ashford and River Forest. He also noted that ODOT has been contacted, and they have no problem with closing S.R. 745 for this period of time. Brief discussion followed about possible closing of Ashford and River Forest and the need to prohibit construction traffic through those roads as well as other traffic. Mrs. King pointed out that the Police Department may need to provide some assistance at the Brand Road/745 intersection at busy times of the day during the 745 closure period. Mrs. Boring suggested that before a decision is made on the closure of River Forest or Ashford, the residents should be contacted for their input. Mr. Hansley responded that the City Engineer will get in touch with the civic association representatives to determine what the association's preferences are in terms of Ashford or River Forest closing. The City will work with the Association throughout the project. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK Held March 21, 1994 19 Mr. Kindra verified that 745 will not be closed at the same time that Coffman Road is closed for bridge construction. Reports from Councit Committees Mr. Kranstuber, Personnel Committee Chairperson, stated that the Personnel Board of Review will have their report on the Compensation Plan to the Personnel Committee within the next 10 days. Mr. Kranstuber will request that the Compensation Plan ordinance be removed from the table on April 4 and scheduled for hearing on April 18. Mr. Kranstuber also requested an Executive Session this evening for a personnel matter. Mrs. King, Land Use and Planning Committee Chairperson, reported that the Committee met on March 15 and minutes are forthcoming. The next Committee meeting is scheduled for Monday, April 25 at 7:00 p.m. at the 5800 Building. Mrs. King also noted that the Committee is recommending to Council that the City of Dublin join the Delaware County Regional Planning Commission as a full member. Mr. Hansley confirmed that adequate funds are available from the City's membership accounts for this purpose. Mrs. King then moved that the City of Dublin join the Delaware County Regional Planning Commission. Mr. Zawaly 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. Zawaly, Parks and Recreation Committee Chairperson, reported that several subcommittees were formed during the recent PRAC meeting, and the PRAC is preparing to address several of the issues which Council has requested that they review. In regard to the Charter revision project, Mr. Zawaly stated that a memo was provided to Council members recently about the process. Council members are asked to forward their suggestions for members of the Commission to Mr. Zawaly. He and Mrs. Stillwell will then compile the lists and make recommendations to the Mayor for appointments. There is also a preliminary suggested calendar for the Charter revision process included. Based on the Mayor's additional charge, the Commission will also be looking to review and recommend revisions on the Council Rules of Order. Comments from Staff Mr. Foegler reported that a significant I/I reduction was effected recently with repairs made at the Marathon property in Old Dublin. He also reported that staff will bring emergency legislation to Council at their next meeting relating to the Shamrock Court extension for the TIF project for Safety Solutions. Mr. Smith introduced John Seidensticker, attorney with Carlile, Patchen & Murphy who will be attending the April 18 meeting in Mr. Smith and Mr. Banchefsky's absence. Ms. GrigsbX stated that on March 10, the City received bids on the notes that will be issued next week. The low bid was 2.85 % by Society Bank. Mr. Kindra commented that another major I/I repair was made in the Leven Links area recently. Work is continuing on that repair at this time. Ms. Jordan reported that the spring/summer brochure was delivered in the Wednesday paper last week. Registrations begin on Wednesday evening this week in response to residents' request for evening registrations. The child care survey which was funded by Council late last year will be mailed out soon in the Inside Dublin publication. Brief discussion followed regarding the need to ensure that the Parks & Recreation brochure is delivered in areas which do not receive the Dublin News, i.e., trailer parks, Jerome Township areas, etc. Staff will check into this. Discussion also took place regarding some confusion in the language of the brochure regarding fee structures. This could be improved in future brochures. Mr. McDaniel reported that SWAC is finalizing plans for an Earth Week celebration to beheld April 16 to 24. Ashland Chemical, Washington Township and the Solid Waste Authority of Central Ohio are cooperating in this effort. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK CO.. F R Hela March 21, 1994 19 Chief Ferrell thanked Council for their positive comments about the Muirfield Tournament traffic control. In regard to the Brand/745 intersection, special duty Police coverage was not included in this year's budget. The Dublin Police Division will be cooperating with Franklin County and PUCO for weight checks for trucks in the near future. A federally funded DUI checkpoint is being planned for June 4 on Bridge Street in Dublin. There will be 24 hours advance notification to the press. The City participated with the Franklin County Sheriff's Department and the City of Columbus in the "Food for Guns" program. Mr. Kranstuber noted that he is philosophically opposed to the DUI checkpoint program as he stated last year. Council Roundtable Mr. Zawaly: 1. Thanked Peter Lenz, Building Division for the invitation to the Contractors' Breakfast. This event demonstrates the division's efforts to get feedback from the development community about their concerns. 2. Thanked Peter Lenz for driving Mr. Zawaly in the St. Patrick's Day parade. 3. Suggested that sign-in of speakers for public hearings take place prior to the start of the Council meeting. This would avoid delays during the meeting. Following brief discussion, the Mayor requested that the clerk implement this suggestion. Mrs. Stillwell: 1. Thanked staff for their efforts in the St. Patrick's Day event planning. She met a couple who had traveled from Wisconsin to celebrate St. Patrick's Day in Dublin. 2. Asked about the status of the anti-annexation bill. Mr. Hansley responded that he spoke to Senator Watts' office on Thursday, and the bill has not gone to committee yet. Staff will keep Council apprised of the status. 3. Inquired about the status of Council's recent motion regarding City staff members serving as voting members of boards or commissions. Mr. Smith responded that this is in process. The Charter revision will also include some of these changes where appropriate. 4. Asked whether bed taxes are levied upon corporate rentals of units such as Asherton apartments. Ms. Grigsby responded that this issue had been raised previously, and the opinion was given by the Law Director that these rental units would not be considered a hotel or motel and therefore the tax is not levied. Mr. Smith added that if Council wants to amend the law on bed tax collections in the City, they would also have to levy taxes on rentals of houses during the Muirfield Tournament. Mrs. King: 1. Noted that she is waiting for membership information on the American Planning Association. 2. Has heard comments from the community that the St. Patrick's Day parade was the best ever. The weather was an important factor as well as the variety and number of groups participating. 3. Asked if someone on staff could check the water pressure at the high point of Davington Drive to assure her that there are no problems. 4. Inquired about the status of Finance Committee recommendations on bed tax requests. Mr. Zawaly responded that the recommendations will be brought to Council at the April 4 meeting. Mr. Hansley noted that he wants to make Council aware that the Xoggz professional outdoor soccer team has requested permission to submit a bed tax request outside of the normal deadlines as the ~ team is still negotiating for a site in Dublin. Staff will provide assistance to the Xoggz in preparing the application requesting funding for police security and/or bleacher rental. Mr. Strip is aware of the pending request. Mr. Kranstuber: 1. Expressed concern about the condition of the site where the Recreation Center will be built. The site is full of debris -junk, tree limbs, etc. As the City's premiere park and future Recreation Center site, he would like to request aclean-up effort. Staff responded that once the City closed on the land purchase, clean-up efforts were initiated. Mr. McDaniel and staff are proceeding with the effort to clean-up the site. 2. Thanked Ms. Jordan for her patience and cooperation over the past two years with the Recreation Center planning. 3. Expressed his own reluctance to take in residential annexations unless there is some RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 13 Meeting DAYTON LEGAL BLANK Held March 21, 1994 19 extraordinary reason. Perhaps a policy should be articulated by Council regarding future annexations so that there is predictability in the process. Mr. Foegler responded that, if Council desires, staff could prepare a draft resolution pulling together the best policy information available at this time. The Community Plan update, when completed, will provide direction as well. ~ Council agreed that a draft resolution should be prepared by staff. Mayor Campbell: 1. Commented that the parade went extremely well and he believes it was the best attendance to date for the parade. 2. Expressed concern about the letter to the editor in a local paper from a Dublin High School band member stating that Council had scheduled the parade intentionally on a date the band could not attend due to a conflict with a band competition. This is absolutely not true. The date picked is always the Saturday closest to St. Patrick's Day. The City would love to have the high school band in the parade and would do nothing to interfere with their participation. 3. Requested that a thank you be sent to the. Centerburg High School band who did participate in the parade in spite of a conflict with their school's participation in state basketball tournaments on that date. 4. Suggested that next year other bands be invited to join the parade since bands seem to be the most popular part of the parade. 5. Urged Dublin High School band to plan to join in next year's St. Patrick's Day parade at the City as the lead unit. 6. Regarding the recent National League of Cities conference, Mayor Campbell commented that he will prepare a memo for distribution to Council. Once again, he found that the City of Dublin is on the forefront of many issues and is doing the "right thing". a Mr. Kranstuber moved to adjourn to Executive Session to discuss a personnel matter. 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. Mayor Campbell announced that the meeting will not be reconvened following the Executive Session. The meeting was adjourned at 11:30 p.m. Mayor, esiding icer Clerk of Council