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HomeMy WebLinkAbout04/04/1994 RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Meeting DAYTON LEGAL BLANK Hel Apri14, 1994 lg The regularly scheduled meeting of the Dublin Ciry Council was called to order by Mayor Joel Campbell at 7:30 p.m. on Monday, Apri14, 1994, and the Pledge of Allegiance was recited by all. Members of Council present for roll call were: Mrs. Boring, Mr. Zawaly, Mr. Kranstuber, Mayor Campbell, Mrs. Stillwell, Mr. Strip and Mrs. King. Mr. Hansley, Mr. Foegler, Ms. Grigsby and Mr. Banchefsky were also present. Aunroval of Minutes of March 7 and March 21. 1994 Meetings Mrs. Stillwell moved approval of the minutes of Mazch 7. 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. Mrs. King noted a correction to the March 21 minutes on Page 1. Mrs. Stillwell had seconded the motion for reconsideration of Ordinance No. 59-93. Mr. Zawaly moved approval with the correction. Mrs. King seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, abstain; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Correspondence The clerk reported that there was no correspondence. Comments from Visitors There were no comments from visitors. Public Hearing Application for Placement of Farmland in an Agricultural District for 17.37 Acres of Land Located on Bright Road, Parcel No. 202-6, City of Dublin Tax District 215. (Public Heazing) (Applicant: Thomas A. McDowell, 5742 Dublin Road, Dublin, Ohio, Executor of the Estate of Property Owner Allen E. McDowell) Registered as a proponent was Thomas A. McDowell, 5742 Dublin Road, Dublin, OH 43017. There were no registered opponents. Mr. Hanslev stated that the Assistant Law Director, Mr. Banchefsky will brief Council tonight on procedures for this application. The Planning staff will provide a recommendation to Council at the next heazing date. Mr. Banchefskv noted that there is a provision of the Ohio Revised Code, Section 929 which provides for an agricultural use characterization which has favorable tax implications as to the real estate, while also prohibiting the city or county from taking certain actions in regazd to that property. Specifically, it limits the city's rights to assess property for municipal projects and also restricts the ability of the city to exercise the power of eminent domain. The agricultural use designation would be for afive-year time period. Council has 30 days from the date the application is filed in which to hold a public heazing; the statute then provides that the City has 30 additional days within which to take action. If no action is taken within 30 days, it is deemed to be approved. He noted that he has prepazed a memo to Council outlining the procedures on an application for placement in an agricultural district. Thomas McDowell, 5742 Dublin Road, applicant, stated that both pazcels under discussion this evening have been farmed continuously for more than 25 years, and they would like to continue farming the pazcels. He added that Council's timing on their decision will not affect the CAUV status, as it was approved this year by the Auditor's office. Application for Placement of Farmland in an Agricultural District for 21.38 Acres of Land located on Wilcox Road, Parcel No. 5387-9, City of Dublin Tax District 273. (Public Heazing) (Applicant: Thomas A. McDowell, 5742 Dublin Road, Dublin, Ohio) Registered as a proponent was Thomas A. McDowell, 5742 Dublin Road, Dublin, OH 43017. There were no registered opponents. Mr. Banchefsky noted that his comments would apply to this application for placement of farmland in an agricultural district as well. He added that this designation would limit the city's ability to declaze the property a nuisance if the nuisance relates to agricultural issues. Mr. McDowell stated that his previous comment applies to this land as well. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Hel APri14, 1994 19 Mayor Campbell noted that both applications will be considered by Council at the next meeting. 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 Appro~mately 1,000 Feet to the North of Shier-Rings Road from: PIP, Planned Industrial Park District to: PIP, Planned Industrial Park District. (Sports Ohio) (Third Reading) (Applicant: Allen S. Shepherd III, 6295 Cosgray Road, Amlin, OH 43002) Ms. Clarke noted that an addendum to the text has been distributed tonight, and she requests that this be incorporated into the text for this rezoning. The text includes language stating that these buildings cannot be used for industrial uses. She pointed out that Council is approving with this text the area of setback reduction but not the curb cuts. She emphasized that there is an understanding that the use of amusement arcades will remain as presently governed by Dublin's Codified Ordinances. Mrs. King moved approval of Ordinance 88-93 with the four conditions from Planning Commission and with the addition to the text of the special notes on the nature of the fun park and the overhead walkway, as contained on insert 6A submitted to Council tonight. Mr. Strip seconded the motion. Vote on the Ordinance -Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, 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. ('Third Reading) (Applicant: DCP Associates, P.O. Box 370, Dublin, OH 43017) Mrs. Stillwell moved approval with the conditions of Planning Commission. Mrs. King seconded the motion. Vote on the Ordinance - Mr. Strip, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. 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) ('Third Reading) (Applicant: Robert A. Meyer, 41 South High Street, Columbus, OH 43215) Mr. Kranstuber moved approval subject to the 17 conditions imposed by Planning Commission. Mayor Campbell seconded the motion. Vote on the Ordinance - Mr. Strip, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mayor Campbell, yes. 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) ('Third Reading) (Applicant: Timothy C. Hansley, Ciry of Dublin, 6665 Coffman Road) Mayor Campbell stated that since many public hearings have been held on the rezoning for the Community Center, tonight's testimony should address concerns which have not been discussed previously. Nancy Tw~nham 5627 Tara Hill expressed concern that the third entrance to the park is back on the design board again. She does not believe the third entrance from Tara Hill is justified, as all of the Metro Parks in the Columbus area have only one entrance. Discussion followed about the traffic consultant's determination that three entrances will be necessary for the Center. Mayor Campbell emphasized that there is some question as to whether it was necessary for the City to go through a rezoning process for the Center since recreational uses are already permitted in Coffman Park. The City has held all of the hearings on the Community Center to allow for public input in the process. The traffic issues have been discussed at length in many meetings by citizens, RECORD OF PROCEEDINGS Dublin City Council Meeting Page 3 Meeting Minutes of DAYTON LEGAL BLANK Hel APri14, 1994 19 staff and consultants. Mrs. Stillwell commented that the community on Taza Hill is looking to the Ciry for some assurance that any traffic impacts will be mitigated. Council needs to recognize and respect the concerns of the Taza Hill residents who will be substantially affected by this rezoning. Mayor Campbell noted that the entrance to Coffman Pazk has always existed from Taza Hill. Eliminating the Taza Hill entrance would require a totally different design of the other two entrances because of the increased volumes of traffic. Mr. Kranstuber suggested that Council accept new public testimony at this time, discuss the issues, and then proceed to a vote. Robert Goelz. 5617 Taza Hill stated that he would like clazification on what Council is voting on tonight and what recourse the residents would have after that. Mayor Campbell responded that Council is voting on the rezoning of the park which is a PUD containing the site plan for the building, the building itself, and how it will fit on the site, including the three entrances. The recourse to residents following Council's vote would be a referendum. He believes Council has taken ample testimony from all sides on the issues raised with the rezoning. Mr. Goelz stated that the Taza Hill residents aze opposed to the third entrance. He doesn't believe Council is listening to the residents on this issue. Discussion followed about procedures for the residents who desire to fight the rezoning. Ms. Clazke pointed out that in this particulaz case, the site is already zoned for a pazk. The building is permissible right now. The city is going through this rezoning process to go on record to say what the plan is, what the buffers will be, and to assure that the standazds aze higher than aze required in the R-1 zoning. She cautioned the residents that challenging this plan or the PUD zoning ' does not, in her view, negate permissible zoning to build this building in accordance with this plan on this site. She added that if the traffic on Tara Hill becomes disruptive to the neighborhood, Council will direct staff to find a way to solve the problem. Discussion continued about the possibility of leaving the Taza Hill entrance issue open. Mrs. King noted that Council members have made a commitment to be responsive to the citizens. If any aspect of the project becomes an issue at a later date, Council will listen to the citizens. She hopes that Mr. Goelz will look at a range of options open to him on this issue. Discussion continued about the possibility of phasing the entrances. Mr. Foegler emphasized that the traffic consultant has recommended that the entire pazking lot be built in Phase One because the peak hour generators are all Phase 1 elements. Mrs. King noted that the reason the Metro Parks have only one entrance is for security reasons and for permit purposes. An unidentified audience member stated that she has concerns about the teenagers speeding on Taza Hill. The police will not be azound to monitor the speeding at the entryway to the Center. Mr. Zawaly responded that this underscores the point that the residents should continue to work with staff to address these issues. Perhaps a gate could be added at the entrance to eliminate usage except during peak events. Mrs. Stillwell asked about the status of adding a Condition #6 regarding the drainage. Condition #6 would state that, "Drainage at the northern boundary of the site will be improved to the extent possible to improve the situation, but in any case, not making the situation worse." Mayor Campbell responded that Council had agreed to add this condition. Mr. Zawaly moved approval of Ordinance 18-93 with the 6 conditions stated. Mrs. King seconded the motion. Vote on the Ordinance - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAITON LEGAL BLANK Hel Apri14, 1994 19 Mayor Campbell stated that Ordinance 18-94 is approved subject to the six conditions. He urged residents in the neighborhood to work with staff to mitigate their concerns. Ordinance No.19-94 - An Ordinance Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in Muirfield During the Annual Memorial Tournament. (Third Reading) Vote on the Ordinance - Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Ordinance No. 20-94 (Amended) - An Ordinance Amending Chapter 717 of the Codified Ordinances of the City of Dublin, Ohio. (Peddlers and Solicitors) (Third Reading) Mr. Banchefsky pointed out that a couple of minor changes are included in the amended version, where instead of referring to charitable organizations as "locally" recognized religious or charitable, the word "locally" has been removed. Mrs. King asked about feedback solicited from the schools regarding the ordinance, since the students are so often involved with fundraisers that consist of door-to-door sales. Mr. Hansley responded that staff intends to contact the schools after the legislation is passed by Council. The charitable/religious/school groups have been supportive of this ordinance because the area has been deluged with so many private outside profit making groups. He added that at this time, the community needs this legislation. The ordinance can be modified at a later date if necessary. Discussion followed about the inclusion of civic groups in the religious or charitable designation. It was the consensus of Council that civic groups would be included in the designation. Mayor Campbell pointed out that the word "locally" also should be removed from Page 3, Number 9. Mr. Strip moved to amend the ordinance as submitted tonight, with the additional correction on Page 3, Number 9, and to approve the ordinance. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Ordinance No. 21-94 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1994. (for Installation of traffic signal and left turn lanes at Bright Road/Riverside Drive intersection) (Second Reading) Mrs. Boring pointed out that information was provided to Council in a previous packet regarding the proposed traffic signal. Staff has recommended installation of the signal. Randy Roth East Dublin Civic Association representative stated that they see this issue as a city- wide one. The Association has voted to support a lowering of the speed limit on Riverside Drive to no more than 45 mph. They are also concerned about the number of curb cuts on Riverside Drive and would like to see the speed limit lowered after the traffic light is installed. Staff has recommended this traffic signal for safety reasons. Visibility is the problem at this intersection more than anything else. Traffic lights may not solve the problem. The Association is asking Council to support the installation of the signal at this time. John Ferrara Tamarisk Court pointed out that documentation from experts and from staff clearly points out unanimous support of this traffic light. The City also has an obligation to provide safe passage through its roadways to those living outside of Dublin. Growth in Dublin will continue to generate higher volumes of traffic. This is only one of several traffic light issues which will come before the Safety Committee in the years to come. Mrs. Boring also noted that Perry Township Fire Chief Olney reports that accidents at this intersection involved more severe injuries than other intersections. He believes Council should seriously consider installation of this signal. Mr. Strip pointed out that the expenditure for this signal will be nearly $200,000. He does understand and supports the need for its installation. Mrs. King added that the expenditure also includes the road widening for the traffic signal installation. She suggested possibly phasing the implementation so that lane widenings occur first. The city would then have the benefit of the lights to the south and north by the time the widening RECORD OF PROCEEDINGS Dublin City Council Meeting Page 5 Meeting Minutes of DAYTON LEGAL BLANK Hel Apri14, 1994 ig is completed. This will help to make a determination of whether the signal installation is necessary. Mrs. Boring noted that because of the lead times for installation of the signals, phasing would not . be a good option. Improving Bright Road without adding the signal would only cause more safety problems. There will be a third reading of the ordinance at the April 18 Council meeting. 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) (Second Reading) There were no questions or comments. There will be a third reading of the ordinance at the April 18 Council meeting Ordinance No. 24-94 - An Ordinance to Accept an Annexation of 20.22+/- Acres from Jerome Township, Union County to the City of Dublin. (Second Reading) (Applicant: William H. Adams, Agent for Petitioners Warren W. & Helen L. Gorden, 7270 Hyland Croy Road, Plain City, OH 43064) Mr. Foegler noted that, at Council's direction, staff has been working on a draft of a recommended resolution regarding short-term annexation policies. It will be presented to Council for consideration at the next meeting. Ben Hale. Jr., representing the petitioners, provided brief background to Council on the history of this proposed annexation. At the time of the Muirfield annexation, the additional contract area for Dublin went only to the county line, so a number of properties were split by the county line at that time. Mr. Gorden participated in that annexation and was left with about 22 feet of frontage remaining on Post Road - an exceptionally irregular 20 acre tract. The utilities are already in place to serve this property. About 15 to 20 percent of this site will be an addition to the Red Trabue Park which will be worked out at time of rezoning. This is a long-term property owner who has an unusable piece of land if it is not annexed. Warren Gorden 7270 Hyland Croy Road stated that he bought this farm in 1952 and used it for livestock and general farming. In 1974, he signed the annexation to prevent Columbus from building a large upground reservoir from Coffman Road west to Hyland Croy Road, from Brand Road to Post Road. Petitions were signed by landowners to annex to Dublin in order to keep the land from Columbus. The 20 acres he wants to annex to Dublin is landlocked. He would appreciate Council's consideration of his annexation request. In response to Mrs. King, Mr. Gorden stated that the property owners west and north are not interested in combining with his property. Mr. Hale added that most people don't know about the reservoir. The intent at that time was to pump water out of the Scioto River into an upland reservoir and build a dike around it. Farmers in the area cooperated in the annexation petition to stop the reservoir from being built. Ms. Clarke confirmed that staff has had no discussions with adjacent landowners to the north or west regarding development of their properties. There will be a third reading of the ordinance at the April 18 Council meeting. Ordinance No. 27-94 - An Ordinance Requesting Approval to Change the Name of Sweeney Boulevard to Sweeney Court in the City of Dublin, Ohio. (Second Reading) There will be a third reading of the ordinance at the April 18 Council meeting. Resolution No. 04-94- A Resolution Approving the $49/Ton Generation Fee as Proposed by the Solid Waste Authority of Central Ohio. (Second Reading) Mr. McDaniel distributed information received today from the Solid Waste Authority regarding an initiative brought about at a recent public hearing calling for a surcharge placed above and beyond the generation fee to penalize those who are not actively pursuing recycling efforts. The proposal will be presented to the Solid Waste Authority Board tomorrow. RECORD OF PROCEEDINGS Dublin City Council Meeting Page 6 Meeting Minutes of DAYTON LEGAL BLANK CO., F RM Apri14, 1994 19 Hel Mr. McDaniel requested emergency action this evening on the generation fee issue due to the 60 day timeframe for Council action set by the Authority. The Solid Waste Advisory Committee has recommended that Council approve the generation fee. The Committee also recommends that Council support the initiative to place surchazges on those who do not pursue recycling efforts. The Solid Waste Authority Advisory Board will look at the surchazge issue at their meeting in the latter part of April. Mr. Strip suggested that Council defer any action on the surchazge issue to allow time for more cazeful review of the information provided by Mr. McDaniel. Mayor Campbell agreed. Mr. Strip moved to waive the three-time reading rule and treat the Resolution as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, no. Mrs. Stillwell commented that it is important to send a message to the Solid Waste Authority regarding the need for incentives for communities to encourage them to begin recycling efforts. She commends the SWAC for taking on this important issue. Mrs. King agreed that it would be useful to the Solid Waste Authority to receive some feedback on this issue. She is glad to see that an initiative has been brought forth regarding a surcharge for communities who aze not supporting recycling efforts. Mrs. Boring stated that she believes that the surchazge proposal should be included in the resolution tonight. This would send a cleaz message to the Authority regazding Council's position. Mr. McDaniel clazified that the surcharge issue has not yet been proposed to the communities for support. SWAC members aze invited to go with him to the Rate Advisory Board to carry this message regazding Council's support of the surcharge. Vote on the Resolution - Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, no. 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) Mrs. Stillwell introduced the Ordinance, commenting that she believes it is only fair for legislation to be introduced so that Council can debate the issues. The annexation issues need to be discussed. There will be a second reading of the Ordinance at the April 18 Council meeting. Ordinance No. 29-94 - An Ordinance to Accept the Lowest/Best Bid for the Sanitary Sewer Improvements for Safety Solutions, Inc. and Shamrock Court tension and Resurfacing, Phase III, 1994, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the ordinance. Mr. Foegler stated that Council recently passed tax increment financing legislation in order to extend the Shamrock Court and provide for a sewer relocation to accommodate Safety Solutions. The design has now been completed; bids have been taken on the improvements; and the summary is before Council tonight. Mr. Kindra noted that the lowest/best bidder is Strawser Paving. He recommends approval tonight in order to meet the timeframes for the project. Mr. Strip moved to waive the three-time reading rule and treat as emergency legislation. Mrs. Boring seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Boring, yes. Vote on the Ordinance - Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. Boring, yes. RECORD OF PROCEEDINGS Dublin City Council Meeting Page ~ Meeting Minutes of DAYTON LEGAL BLANK CO., F R April 4, 1994 19 Hel Ordinance No. 30-94 - An Ordinance Authorizing a New Position (Court Security/Liaison Officer) and Amending Section 2 ("Wage & Salary Structure/Administration") and Section 12 ("Exempt and Non-Exempt Job Classifications") of Ordinance No. 23-93 ("Compensation Plan"). (First Reading) Mayor Campbell introduced the ordinance. He stated that in the Mayor's Court process it was determined that an individual is needed to transport prisoners to and from the jail. Also, it is ` important that an additional security person be available in the Courtroom when a prisoner is being locked up. There will be a second reading of the ordinance at the April 18 Council meeting. Ordinance No. 31-94 - An Ordinance to Authorize the City Manager to Enter into an Inducement Agreement with the Columbus F. C. Xoggz Professional Soccer Team to Provide for a Dublin Based Franchise, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance, adding that this represents a unique opportunity for Dublin, as the Xoggz will be headquartered and play in Dublin. This is a joint venture between the Xoggz, the school district and the City of Dublin, as outlined in the agreement attached. Mr. Strip moved to waive the three-time reading rule and treat as emergency legislation. Mr. Zawaly seconded the motion. Mr. Hansley expressed his thanks to Mrs. King for her part in bringing the opportunity to the City and to Mr. McKitrick, property owner of the field to be used for this venture. He then gave a brief overview of the franchise opportunity and how it will benefit the community. There will be a "Meet the Team" event next Wednesday evening at the practice field at Dublin High School. Mrs. King expressed her appreciation to all who have cooperated in this effort, especially Kinsley Nyce who is bringing this team to Dublin. Kinsley Nyce commented that the team is here now because of the City's hospitality three yeazs ago during the Panama game. The Xoggz are here and plan to stay. Mayor Campbell thanked all involved for their hard work. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Vote on the Ordinance - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Resolution 05-94 - A Resolution Declaring the Week of April 18-24 as Earth Week in the City of Dublin. ()Frst Reading) Mrs. King introduced the resolution and moved that the three-time reading rule be waived and that this be treated as emergency legislation. Mr. Strip seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mayor Campbell, yes. Mrs. King explained that this represents a continuing City tradition in focusing on our natural world and the many ways in which the City encourages citizens to become involved with stewazdship of the land. Mr. McDaniel commented briefly on planned Earth Week activities. Vote on the resolution -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Boring, yes. Tabled Ordinances Ordinance No. 59-93 - An Ordinance Providing for a Change of Zoning of 30.891 Acres of Land, Located on the North and South Sides of Tuller Ridge Drive, to be Rezoned from: CC, Community Commercial District to PUD, Planned Unit Development District. (Sycamore Ridge) Mayor Campbell noted that Mr. Kass has requested that the Sycamore Ridge Ordinance No. 59-93 be taken off the table and scheduled for action at the next Council meeting. Mr. Kass has provided additional information about the rezoning to Council in the packet. Mayor Campbell then moved to take Ordinance No. 59-93 from the table and set it for RECORD OF PROCEEDINGS Dublin Ciry Council Meeting Page 8 Meeting Minutes of DAYTON LEGAL BLANK O., F RM Apri14, 1994 19 Hel reconsideration of the third reading on April 18. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. King, no; Mayor Campbell, yes; Mrs. Boring, no; Mr. Strip, yes; Mr. Kranstuber, yes. Ordinance No. 59-93 will be set for reconsideration on April 18. Ordinance No. 106-93 - An Ordinance to Accept an Annexation of 26.976+/- Acres in Jerome Township, Union County to the City of Dublin. (Applicant: Harrison W. Smith, Jr., Agent for Petitioner Shawnee ITills Land Company, 5131 Post Road, Dublin, OH 43017) Harrison Smith, Smith & Hale has sent a letter requesting that this ordinance be removed from the table and set for heazing on April 18 -the last date upon which Council can take action prior to the annexation being automatically rejected. Mrs. Stillwell moved to remove Ordinance 106-93 from the table and schedule it for hearing on April 18. Mayor Campbell seconded the motion. Mrs. King pointed out that the procedure under law is that if this is not voted on at the next Council meeting, the petition will expire. If Council does not want this application to move forward, there is an opportunity to vote down the motion to remove it from the table. There has already been ample opportunity for discussion on this ordinance. Mayor Campbell stated that, conversely, by not taking this off the table for vote on the 18th, Council would effectively be defeating the ordinance. This legislation has been tabled over the past months at the developer's request. Mayor Campbell believes that, in any event, a vote should be taken on the ordinance. Ben Hale attorney representing Dave Thomas. one of the owners of the property, stated that Mr. Foegler's annexation policy resolution will speak directly as to whether this property should be annexed. Secondly, he has been working with the property owners to come up with a proposed zoning limitation on the piece to assure Council that the developer will not exceed a certain density. Mayor Campbell summazized that some of the issues raised about this annexation involved the density issues azound the golf course, and what benefits to the city this annexation would provide. The telephone service issue has yet to be resolved. Mr. Hale stated that the developer is willing to commit that the density for the entire piece will not exceed 1.85 units per acre. Mr. Hale added that Mr. Thomas is a lifelong resident of the community who deserves, at the least, a heazing on the annexation. Vote on the motion - Mr. Strip, yes; Mr. Kranstuber, no; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. King, no; Mayor Campbell, yes; Mrs. Boring, yes. Ordinance No. 01-94 - An Ordinance Amending Certain Sections of the Compensation Plan (Ordinance No. 23-93). Mr. Kranstuber commented that he will not request that this be taken off the table at this time. He will be requesting removal from the table at the next Council meeting for heazing at the following meeting. Ordinance No. 17-94 - An Ordinance Granting a )N~anchise 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. Mr. Hansley requested that this remain on the table as staff is still working with a consultant on this franchise. OTHER Final Plat - Dublinshire 5, Phase 2 Ms. Clazke stated that this plat consists of 5 acres located west of Muirfield Drive, just north of Indian Run Meadows. It will include 16 single-family lots. Planning Commission voted unanimous approval at their March meeting with three conditions: 1) That "No Parking" be designated on the south side of the street; RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK F Held Apri14, 1994 ig 2) That a revised landscape plan for Muirfield Drive be submitted; 3) That landscaping along Muirfield Drive mirror the section of Indian Run Meadows on the east side of Muirfield Drive. Mr. Strip commented that the developer has placed signage in the city right-of--way for this project, and asked that staff check this out. Jim Gabriel Civil Engineering Associates, stated that all of the conditions set by Planning & Zoning aze acceptable to the applicant. Mr. Kranstuber moved approval of the final plat for Dublinshire 5, Phase 2 with the conditions of P&Z. Mr. Strip seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Final Plat - Dublinshire 5. Phase 3 Mr. Kranstuber moved approval of the final plat for Dublinshire 5, Phase 3 with the 8 conditions set by Planning & Zoning Commission as contained in the staff report accompanying the ordinance. Mrs. Boring seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Preliminazv Plat Dublin Glen (formerly Bell Property Post Road Single-Family) Ms. Clazke stated that this project consists of two sites on the south side of Post Road neaz Avery Road. Each site is approximately two acres and each of the two sites is being laid out into eight single family lots. P & Z recommended approval on February 10 with 9 conditions as contained in the staff report. Discussion followed about the installation of a bikepath across the four lots on the east and west which aze sepazated by a recreation and pond area within the Perimeter Lakes complex. Ms. Clazke noted that at this time, there is an uncooperative landowner at Perimeter Lakes who will not grant an easement in order to complete the bikepath. She added that this issue will still have to be addressed. Mr. Kranstuber asked if it was feasible to require a developer to make offsite improvements. Ms. Clazke responded that the bikepath can be accommodated in the right-of--way of Post Road. Discussion followed. Mr. Foegler recommended that the applicant and staff continue to work together and use their best efforts to get the bikepath extended. If necessary, Council could waive the requirement at the final plat stage. Mr. Kranstuber moved approval of the preliminary plat for Dublin Glen with the 9 conditions of Planning Commission, reserving Council's right to waive the bikepath portion in question at the final plat stage. Mr. Strip expressed his disappointment with an incomplete bikepath system that the City would ultimately be responsible for constructing. He hopes this can be worked out satisfactorily at this stage. Mr. Strip seconded the motion for approval. Mr. Bell confirmed that he accepts the conditions imposed by Planning Commission at the preliminary plat review. Vote on the motion -Mrs. King, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. Stillwell, yes. Stormwater Detention Waiver -Dublin Glen Mr. Kindra advised that due to the size of this development, a stormwater detention requirement would not be appropriate; he recommends that this condition be waived for the subdivision. RECORD OF PROCEEDINGS Dublin City Council Meeting Page 10 Meeting Minutes of DAYTON LEGAL B NK Hel Apri14, 1994 19 ' Mr. Kranstuber moved to waive the stormwater detention requirement for the Bell Property. Mrs. King seconded 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. Finance Committee Recommendations for Hotel/Motel Tax Avnlications Mr. Strip stated that the Committee is making the following recommendations on applications pending at this time: 1. DYA has requested $20,000, and the Committee recommends that the entire amount be awazded. 2. Dublin Women's Club request for $12,000 for the Festival of the Arts is recommended for approval. 3. The Mazch of Dimes request does not meet the criteria of the bed tax and is therefore not recommended for approval. At. Mrs. Stillwell's request, Mr. Strip provided more information on the March of Dimes request and why it did not meet the bed tax criteria. Mr. Zawaly moved to accept Finance Committee's recommendations. Mrs. King 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. Reports from Council Committces Public Service Committee Chairperson Judi Stillwell noted that the Committee hosted two presentations from the City of Columbus at their March meeting -one regazding the Frantz Road widening project from Tuttle Crossing to Hayden Run and the other regazding the Sawmill/161 intersection improvements. The Committee will be bringing consent legislation to Council from Columbus for the Frantz Road project at the next Council meeting. The Committee will also bring a recommendation to Council for the 1994 Street Maintenance Program. Additional funding will be required for the program due to the hazsh winter. The Committee met with Mazcia Wood regazding her proposal for establishment of a Watershed Commission. More information will come on this. The Billingsley Ditch issue will be reviewed by the Committee at their Apri128th meeting. Pazks and Recreation Committee Chairperson Peter Zawaly reported that the next agenda for the PRAC will include a meeting with the neighbors of Heather Glen regazding the Heather Glen Park. Charter Revision Committee Mr. Zawaly noted that he is still waiting for Council members' suggestions of names for the Charter Review Commission. He requested that names be submitted to him by 5 p.m. tomorrow. Land Use and Planning Committee Chairperson Denise King stated that the Committee is willing to review the annexation policy Mr. Foegler is preparing as well as the Economic Development strategy at their next meeting, set for Monday, Apri125 at 7 p.m. at the 5800 Building. Following discussion, Council members agreed that the Committee should review the annexation policy. Comments from Staff Mr. Kindra reported that he will have the 1994 Street Maintenance Program appropriation ordinance for emergency action at the next meeting of Council. He also noted that the Coffman Road bridge work is going well. He anticipates that the bridge will be closed beginning Apri123 for 10 days. Mr. Hansley suggested that closing be delayed until the 24th due to the Xoggz game on the 23rd. Ms. Clarke asked for feedback from Council regazding any change in the ordinance regarding amusement azcades. She briefed Council on the existing ordinance requirements and the groups that aze interested in having the ordinance changed. RECORD OF PROCEEDINGS Dublin City Council Meeting Page 11 Meeting Minutes of DAYTON LEGAL BLANK Hel Apri14, 1994 lg Discussion followed. Mr. Kranstuber noted that he could tolerate some regulated changes to allow more games. Mr. Strip would leave the ordinance as it currently stands. Mr. Zawaly commented that there is a possibility he might support a change, but generally no. Mrs. King could possibly support a change if the azcade is within a lazger entertainment center. Mrs. Stillwell could possibly be persuaded to change, but likes the current Code. Mrs. Boring said that she would not be agreeable to any change. Mr. Lenz invited Council to two activities: the Commercial Contractors' Breakfast on Wednesday, April 13 from 8:30 - 10:00 a.m. at the 5800 Building and the OCC/NIBS roundtable on the Politics of Water on Friday, April 15 from 10 a.m. until noon. Council Roundtable Mrs. Boring: 1. Commented that she recently attended the Ohio Municipal League Seminaz for newly elected Council members and noted that Dublin has set excellent goals and made steady progress towazd them. 2. Requested that staff provide a report on ownership of land along the river to help eliminate confusion about jurisdictions for police and fire. 3. Asked staff to obtain an update on the bazking dog issue on Summitview. Discussion followed by Council members on options for addressing the problem. Mr. Hansley will provide a status report on the Van Horn situation. 4. Reminded Council that the Franklin County Fire Department Task Force will meet on April 8 at 9 a.m. Mr. Hansley reported that Michelle Crandall will attend this meeting to represent the City. Mr. Kranstuber: 1. Noted that he had distributed an article from the Westerville News about pool fees and how Westerville is handling the issues of fees for vazious user groups. 2. Expressed his thanks to staff for all of their hazd work on the Community Recreation Center project. Mr. Zawalv: 1. Commented that the sign-up sheets in advance for public heazings should be implemented at the next Council meeting. 2. Noted that the second Community Plan Update meeting was not neazly as productive as the first night. Perhaps more organization would have been helpful. 3. Asked about the status of the monthly update on the Rec Center project. Mr. Foegler responded that the Community Center has been included in the overall update report provided to Council for all projects. He noted that staff believes that the city may be able to bid the entire initial package to include the bridge, all of the site work, and underground utilities. If there are any changes in the anticipated schedule of the Center, Mr. Foegler will make Council aware of them along with complete details. Mrs. Stillwell reported: 1. A meeting has been scheduled with representatives of the Old Dublin Association on Saturday, Apri123 from 8-10 a.m. at the Chamber of Commerce Building. 2. She will attend a Wednesday evening meeting this week for the Leadership Dublin program sponsored by the Chamber of Commerce. 3. She will be away for a week with her husband on a 25th wedding anniversary trip and will miss the MSI Fee study sessions. She thanked staff for agreeing to tape the sessions so that she can view them later. Mrs. King: 1. Noted that she is pleased with the cooperative efforts between Dublin and the Ciry of Columbus on the widening of Frantz Road project and Sawmill/161 improvement project. 2. Staff has agreed to provide a report regazding the Davington Drive water pressure issue at the next meeting. MaXor Campbell: 1. Noted that the paint job on the light poles in Old Dublin look great. 2. Expressed his appreciation to Council members and staff on the overwhelming number of hours spent in meetings and on studies over the past weeks. These decisions will have a lifelong impact on the City. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK Hel Apri14, 1994 lg Mr. Hansley praised City Council members for their interest and willingness to spend the time to participate in the many studies and plan updates underway. The meeting was adjourned at 11:30 p.m. May resid g Officer Clerk of Council :t: