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HomeMy WebLinkAbout04/18/1994 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Hela April 18, 1994 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Joe Campbell at 7:30 p.m. on Monday, April 18, 1994. Mrs. Stillwell led the Pledge of Allegiance. Members of Council present for roll call were: Mr. Strip, Mr. Zawaly, Mr. Kranstuber, Mayor Campbell, Mrs. Boring, Mrs. King and Mrs. Stillwell. Mr. Hansley, Ms. Grigsby, Acting Planning Director Mary Newcomb and Acting Law Director John Seidenstecker were also present. Approval of Minutes of A~ri1 4, 1994 Meeting Mrs. Stillwell moved approval of the minutes of Apri14. Mr. Zawaly seconded the motion. Vote on the motion -Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. Proclamations Denny Lynch Vice President of Communications of Wendv's International, introduced the 1994 "Looking for Wendy" winner, 17-year old Maggie Hall of Westland High School, Galloway, Ohio. Mayor Campbell presented Wendy's International the Ciry of Dublin "Definitely a Good Citizen Award" for being selected by consumers as America's best hamburger chain for the 14th consecutive year. Dave Pagnard of the Solid Waste Advisory Committee, assisted by "Wendy", presented certificates to the five winners of the City of Dublin's Earth Day Poster Contest: Kristina D'Onofrio, Michelle Klemmer, Ayumi Kusama, Courtney Zelmer, and Betsy Miller. Mayor Campbell proclaimed the week of April 17-23, 1994 as "The Week of the Young Child" in the City of Dublin. Patrick Callahan, Principal of Thomas Elementary accepted the proclamation. Correspondence The clerk reported that a notice to legislative authority was sent for a new C-1 and C-2 liquor license for John Canter at 126 South High Street. Nate Gordon, representing the applicant stated that the license will be used for gift baskets. There was no objection from Council to the issuance of the permits. Comments from Visitors Jim Fox 5177 Willow Grove Places President of the Board of Willow Grove Condominium Association, stated that the Association has the following concerns regarding the recently passed Ordinance 31-94, authorizing an agreement with the Xoggz soccer team: the need for emergency action; failure to notify Willow Grove homeowners of the agreement; use of tax dollars to support the facility; financial implications of the contract for the City; disregard of the 1985 zoning conditions for this site; no representation from Willow Grove homeowners on the decision-making process; and if the site is to be temporary, this was not stated at the Council meeting. Mr. Fox also expressed concerns regarding the Coffman Road widening project in that the City Engineer did not give a satisfactory explanation to Willow Grove homeowners about the impact of the expansion, i.e., the safety issues involved with entering a double lane highway with a speed limit of 45 mph. He suggested that, in the future, Willow Grove residents be contacted regarding proposals that would affect them. NancX Wahlgren 6735 Willow Grove East, noted that the City had shown complete disregard for the Willow Grove homeowners with the enactment of Ordinance 31-94. She does not understand how property zoned as office park can be used for a commercial enterprise without a rezoning. She asked if Council or any of their family members have a vested interest in this commercial enterprise. Mayor Campbell then asked Council members if anyone had a vested interest in the enterprise and they all responded that they did not. Mr. Hansley explained that the soccer games are considered to be a special event similar to the Muirfield Golf Tournament. The city attorney has ruled that the City has not changed the basic use of the property, and therefore no rezoning is necessary. A temporary special events permit was issued by Ciry Council to allow ten soccer games to be used on a site that was previously used for athletic events. Mayor Campbell explained that bed tax dollars were used to fund this project. Bed tax is the portion of the budget specifically used for creating cultural and special events to enhance the image of the city, to draw interest to Dublin and to promote overnight stays in hotels and motels, generating additional bed tax dollars. He also explained that the emergency action was required due to the need to have the agreement executed so that preparations could begin for the first game on Apri123. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page Meeting DAYTON LEGAL BLANK Helc_I April 18, 1994 19 Mrs. King expressed regret that the residents were not made aware of the proposed legislation, but pointed out that it is important to move forward now to address their concerns. R. Patterson Willow Grove resident expressed concerns about several issues: liability to citizens, increased traffic hindering emergency services delivery, zoning issues, selling alcohol close to the school, the residents' right of quiet enjoyment of their properties, the possible need for lights on the field, portable restrooms, and whether this represents a good use of city tax dollars. MarX Lou Kistner 6743 Willow Grove Place East, commented that the City has a consistent record of keeping residents informed of city projects. She asked why residents were not informed about the soccer plans. She also noted that she was unable to get answers from Ciry staff when calling with questions about the construction underway. Ms. Kistner asked when the contract was entered into, how she can obtain a copy of the contract and how can this contract be reversed. Mayor Campbell stated that the contract cannot be reversed. He commented that Council took into consideration the best interests of the 20,000 citizens who live in Dublin, and determined that this was a good decision for the City as a whole. Barry Hanks 6763 Willow Grove Place East, expressed his desire to focus on the quality of life issue and neighborhood issues. He explained that he was on the negotiating committee when the land was swapped with the high school. It was his understanding that there would be buffering, landscaping, and other separating design features to buffer Willow Grove from future office park development. He urged Council to consider the issues of safety, traffic congestion, and buffering if the stadium is to be permanent. Mayor Campbell commented that staff will make every effort to deal with safety/traffic concerns. This city hosts a large number of special events and city staff works very hard to ensure that traffic and safety concerns are a priority. Lee Grabill resident at Willow Grove since 1981, shared that he enjoyed the school/family atmosphere when the football field was next to their complex, but he does not feel the same way about having a privately owned professional soccer team play adjacent to the complex. Willow Grove has not complained about all the special events or the construction in the past. They make a special effort to keep Willow Grove nicely landscaped so that it looks great during Tournament time. He requested that Council seek input from the citizens of Willow Grove when making decisions which affect them. Lou Lenz Willow Grove resident added that she was very pleased with the quick response from Council Member Boring who met with the Board Members regarding these issues. Mrs. King suggested that Willow Grove appoint one representative to work with the City to facilitate communication efforts. She expressed her thanks to Willow Grove residents for their beautiful landscaping which enhances the City. Discussion followed about the unknown source of the flier distributed to Willow Grove residents. Mr. Strip commented that the decisions made by Council were determined to be in the best interest of the city. He has had good feedback from many Dublin residents about the new soccer team. He encouraged residents of Willow Grove to work with the City in a spirit of harmony. Mr. Hansley responded to residents' concerns stating: 1) There will be no lights for the ten games. Games were scheduled so that lights would not be necessary. 2) The contract does permit beer sales if proper application is made to the State. He added that beer has been sold at Coffman Park during special events. 3) He does not anticipate any problems in getting emergency vehicles through to Willow Grove during games. Police carefully monitor traffic problems in these situations. 4) The contract was signed Tuesday morning following passage by Council on Monday evening. He offered to make copies for residents who would like to review the contract. Mrs. Boring expressed regret that residents were not aware of the proposed legislation. She noted that staff does react to concerns and is very willing to listen. She added that afollow-up meeting with residents will be scheduled after the first soccer game to address any concerns. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAITON LE AL LANK Held April 18, 1994 19 Mr. Hansley advised that paving will commence tomorrow on the service road and parking lot for the games in order to comply with ADA requirements. Rented bleachers will be removed on July 25th, immediately following the last game. He added that the road behind Willow Grove will be used for service vehicles only. Staff will work with Mr. Fox of Willow Grove to address any issues that come up. Mr. Zawaly thanked everyone for attending tonight to express their views. He noted that Council often must make a difficult decision based on what is in the best interests of all of the citizens of Dublin. He urges that citizens now focus on safety, traffic and buffering issues for the duration of the 10 scheduled games. Mrs. Stillwell stated that Council will in the future be more sensitive to notifying residents who are affected by actions of Council. She stated that Council is hoping to work with the residents to ensure a pleasant summer for all. Mayor Campbell stated that no one involved with this project made any effort to intentionally cause any harm to anyone. Council believed it was in the best interests of the city, and for this reason, endorsed the project by a unanimous vote. Council will work with staff to make every effort to mitigate any difficulties arising from the project. LeEislation 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) (Third Reading Reconsideration) (Applicant: Hallmark Community, c/o Jeffrey L. Brown, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mayor Campbell provided a brief history of Council's previous consideration of this rezoning. Ben Hale. Jr., representing the applicant, advised that the sewer situation has been clarified as outlined in a letter to Terry Foegler dated March 21, 1994. He also advised that the city's Economic Development Study indicates that this site is potentially more appropriate for residential use than commercial. He noted that Council has received a letter from the applicant assuring that no additional units will be added to the project in this quadrant. Mr. Strip stated that, for the benefit of future developers, he wants to clarify that they would have a hard time convincing him to make a change from commercial to residential. Passage of the rezoning tonight should not be taken as a signal that Dublin is anxious to rezone good commercial property to residential, and the vote tonight does not represent any change in the city's policy of rezoning commercial property to residential. Tonight's vote is on the Sycamore Ridge proposal and takes into account the staff report, the P&Z recommendation, and the Mt. Auburn Associates recommendation. Mrs. King noted that the key issue tonight is whether or not this site should be rezoned. The Mt. Auburn report is not finalized at this point in time, and therefore basing any recommendation on it would be premature. She is not concerned with having an 18 to 20 year supply of various land use types. She would welcome this project at a location that is already planned to be residential. Her main concern is staff s position that a residential rezoning on this site would serve as a nucleus of additional residential rezonings in the area. Mr. Zawaly agreed with Mrs. King's comments. Council has not yet digested the total impact and import of the Economic Development Study. He further noted that the Economic Development Study has not involved the public at this time, and it is premature to make decisions based on the . report. This site is basically incubator land for future small businesses. Downzoning would be premature at this time. Mr. Kranstuber noted that he accepts the recommendation of staff and P&Z, and does not believe that this area is viable as a commercial use. Mrs. Boring expressed her concern that there is no comprehensive roadway system in place or even planned to support the development. She also believes that the information is premature and that a decision should not be based on this. Council should set policy and not staff. Mrs. Stillwell stated that this is a land use that makes sense for this piece of property at this particular time. She commented that, based on the information provided to Council, this area would RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held April 18, 1994 lg I not be viable as a commercial site. j I; Mayor Campbell gave a brief overview of the history, reports and issues relating to this zoning as discussed at recent Council meetings. He stated that, in his opinion, the sewer issue he previously raised has been addressed satisfactorily. He also noted that staff, P&Z, and the Dublin School Board have all supported this rezoning. I Vote on Ordinance 59-93 - Mrs. King, no; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, no; Mrs. Boring, no; Mr. Kranstuber, yes; Mayor Campbell, yes. (Approved 4-3) Ordinance No. 106-93 - An Ordinance to Accept an Annexation of 26.976+/- Acres in Jerome Township, Union County to the City of Dublin. (Third Reading of Previously Tabled ~ Ordinance) Mr. Hansley stated that staff recommends this annexation based on the following: 1) The subject parcel is part of a larger tract, a portion of which is already located within the City of Dublin. Whenever possible a single parcel of land should be located within one jurisdiction to simplify issues of development control, permitting, service delivery, etc. I% 2) The City's existing and planned infrastructure for the area are adequate to serve the subject site for development at two units per acre or less. Obviously, the precise allowable density would be subject to Council approval through the future rezoning process. 3) As a matter of general policy, the City has generally tried to encourage assembling parcels of property for rezoning a proposed development due to the increased flexibility and potentially higher quality of larger scale development plans. 4) The property is located within the recently negotiated Columbus/Dublin sewer agreement. Mrs. King asked for an explanation of Paragraph 5 in the Staff report regarding insufficient sewer , capacity for this site. III Mr. Kindra responded that the report states in another portion that sewer studies will be done to ~1 ~ determine the capacity to handle this type of development. Staff recommends that the annexation be approved, but prior to development, more detailed analysis should undertaken. l i Mr. Hansley noted that the petitioner has been made aware of the density issue for future ~I~ development proposals. II Ben Hale, 7r., representing the applicant, responded that the developer is aware of the sewer capacity situation and believes there will be no problem servicing the 1.85 dwelling units per acre m this development. The developer does understand that they have to follow through with staff at the time of development. Mayor Campbell asked Mr. Hale to confirm that the telephone utility provider will be noted on the ' j plat since it is GTE and not Ameritech. Mr. Hale responded that they will make note of this on the plat. !,j Mrs. Boring asked if the golf course development is still a possibility. Mr. Hale responded that it is still a possibility at this time. Vote on Ordinance 106-93 -Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes. I 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 I Bright Road/Riverside Drive intersection) (Third Reading) I Harriet Clark, 7200 Riverside Drive, stated that she would like to see the results of the traffic study and asked that the homeowners' concerns be considered before a traffic light is installed. ii !,j Mr. Strip gave an overview of the process for signalization of the intersection, adding that staff will monitor the intersection after installation of lights at Tuller Road and Hard Road to determine if the j Bright Road signal is still needed. 'I Mrs. King asked that staff notify Mrs. Clark when the plans are prepared, prior to any award of the j contract. it Mayor Campbell requested that Mrs. Clark be notified of any Council Committee meetings to review j ~ the signalization plans for Bright and Riverside. i RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held April 18, 1994 19 I, I Mr. Kranstuber noted that not everyone along Riverside Drive is supportive of the installation of i additional signals. Some residents have concerns about the proliferation of signals in the azea. Mrs. Boring noted that staff is sensitive to Mrs. Clark's concerns about saving her front Yazd. Mr. Kindra noted that Mrs. Clazk has an existing drainage problem with her yazd. She wanted a firm commitment that the City would address this and staff agreed to take this into consideration with the design. Vote on Ordinance 21-94 - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, ,~I yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. II~~~ i; 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) L ~ (Third Reading) Mr. Strip asked if the city would contract to have the work performed. Mr. Hansley responded that the ordinance provides that it could be done in-house or contracted out. ~,i Vote on Ordinance 22-94 - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. ',i Ordinance No. 24-94 - An Ordinance to Accept an Annexation of 20.22+/- Acres from Jerome Township, Union County to the City of Dublin. (Third Reading) Mr. Hansley stated that Staff recommends approval with the following four points: 1) The subject pazcel is part of a lazger tract, a portion of which is already located within the city of Dublin. Whenever possible a single pazcel of land should be located within one j!; jurisdiction to simplify issues of development control, permitting, service delivery, etc. 2) The City's existing and planned infrastructure for the azea aze adequate to serve the subject site for development at two units per acre or less. Obviously, the precise allowable density n I, I would be subject to Council approval through the future rezoning process. 3) As a matter of general policy, the Ciry has generally tried to encourage assembling parcels i of property for rezoning a proposed development due to the increased flexibility and potentially higher quality of lazger scale development plans. i 4) The property is located within the recently negotiated Columbus/Dublin sewer agreement. William H Adams. State Street Development Company, agent for the owner, responded he had no it additional comments. Mr. Strip asked Mr. Adams if there would be more annexations for any adjacent properties. Mr. Adams responded that they have no involvement with the adjacent properties and have no plans j to acquire more property at this time. He understands that the adjacent 50 acres is under option with a different buyer, but he is not awaze of their plans. i~ Mrs. King asked if the applicant supports the city on the fire protection issue (Point #10), as j j consistency in providing services is very important. Mr. Adams responded that they do. Mr. Strip asked for clarification regazding township boundazies. ~ Mr. Hansley explained that the staff recommendation is that before the development plan comes in, staff will propose to Council a master ordinance that will adjust the Washington Township boundary for the previously approved tract that was handled tonight, for this tract and also for the existing Adria tract. Chief Bostic stated that there would be no problem extending protection to this azea. Vote on Ordinance 24-94 - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. I' Ordinance No. 27-94 - An Ordinance Requesting Approval to Change the Name of Sweeny Boulevard to Sweeny Court in the City of Dublin, Ohio. (Third Reading) Vote on Ordinance 27-94 - Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Ordinance No. 25-94 - An Ordinance to Accept an Annexation of 119.6+/- Acres in Washington Township, Franklin County to the City of Dublin. (Second Reading) RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 6 Meeting ~ DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held April 18, 1994 19 Following brief discussion and with concurrence from the applicant's representative, Mr. Meyer, ~ Mrs. King moved to table the second reading of Ordinance 25-94 until the May 2 Council meeting. j This will allow time for Mr. Foegler to prepare the proposed interim annexation policy. ~I! Mrs. Stillwell seconded the motion. Vote on the motion - Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, Yes; Mrs. King, yes. 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 &Non-Exempt dob Classifications") of Ordinance No. 23-93 ("Compensation Plan"). „ (Second Reading) ~ There was no comment. There will be a third reading at the next regularly scheduled Council meeting. Ordinance No. 32-94 - An Ordinance Accepting .the Lowest/Best Bid for Wilcox Road Landscape Buffer Project, and Declaring an Emergency. (First Reading) ~ Mrs. Stillwell introduced the ordinance. Ms. Newcomb noted that this is drafted with emergency language in order to have the plantings installed this season. Staff has been working with Heather Glen residents for the past 6 months on this buffering. Mrs. Stillwell moved to treat this as emergency legislation and waive the three time reading rule. 'i i Mr. Kranstuber seconded the motion. Vote on the motion - Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes. Vote on the Ordinance - Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mayor ~ ~i Campbell, yes; Mrs. Zawaly, yes; Mr. Strip, yes. Ordinance No. 33-94 - An Ordinance Providing for a Change of Zoning of 4.081 Acres of Land ~ Located on the Northwest Corner of Sawmill Roads and Martin Road from: CC, Community Commercial District to: PCD, Planned Commerce District. (Sportmart, Inc.) (>Hrst Reading) '~j (Applicant: Sportmart Incorporation, c/o Ben W. Hale, Jr., 37 W. Broad Street, Columbus, OH 43215) Mr. Kranstuber introduced the ordinance. Mrs. Boring moved to refer this to Planning & Zoning Commission. Mr. Strip seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. I I ~ Ordinance No. 34-94 - An Ordinance Providing for a Change of Zoning of 15.8 Acres of Land Located on the Southeast Corner of Brand Road and Muirfield Drive from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District (The Lakes at Dunmere). (First Reading) (Applicant: Borror Corporation, Robert Meyer, 5501 Frantz Road, ~ ~ Dublin, OH 43017) Mr. Kranstuber introduced the ordinance. Mr. Strip moved to refer this to Planning & Zoning Commission. ~i i Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes. Ordinance No. 35-94 - An Ordinance Consenting to the Widening of Frantz Road from Tuttle Crossing to Coogan Place within the City of Columbus, and Declaring an Emergency. j (First Reading) Mrs. Stillwell introduced the ordinance. Mr. Hansley advised that this ordinance provides approval of the concept plan of the Ciry of L'i Columbus project of widening Frantz Road. Columbus reserves the right to request funding from Dublin if Dublin requests additions to the plan. Mrs. Stillwell added that the Public Service Committee reviewed the proposed plans presented by the Columbus Engineering Department at a recent meeting. There is no financial obligation for Dublin at this time. Staff is requesting emergency legislation to accommodate the timeframes under which Columbus is proceeding. {I~ Mrs. Stillwell moved to treat this as emergency legislation and waive the three time reading rule. Mr. Strip seconded the motion. n RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Held April 18, 1994 19 'I'll I!i Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes. i! ~I;I Vote on the ordinance -Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. 'I Ordinance No. 36-94 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1994 for the 1994 Street Maintenance Program, and Declaring an Emergency. (First Reading) ~ Mrs. Stillwell introduced the ordinance. Mrs. Stillwell stated that due to the extreme winter weather conditions, additional funds are needed to make necessary repairs. Public Service Committee recommends Group A, B, and E as contained in the report, with the exception of the sidewalk on the north side of Tuller Road. Monies are ~I available in the Capital Improvement Tax Funds for the additional $410,000 for the repairs. I Mr. Hansley stated that this ordinance will appropriate monies, and an ordinance to authorize a bid will be brought to Council later. Mr. Kindra noted that there is no need for emergency at this time. Mr. Hansley added that staff will likely request passage as an emergency at the second or third reading. II' Mr. Strip recommended that if some of the repairs are marginal, waiting a year will not do any harm. This is the largest singular expense for road maintenance that the City has every had. Mrs. Boring asked if Tuller Road property owners were assessed for the sidewalks. a it ~ Mr. Hansley said that they were not, but the City reserved the right to do so at a later date. I~ ~ Mr. Zawaly pointed out that there is a typographical error in the ordinance -the monies are to be appropriated from the Capital Improvements Tax Fund and not the General Fund. II Ms. Grigsby concurred. Mr. Hansley noted that the Law Director has rendered an opinion that under case law in Pennsylvania, resurfacing is the same as reconstruction in the view of the ADA. Thus any street I, that does not have compliant handicapped access ramps would have to be modified at the time of resurfacing. The compliance date is January of 1995. This would only apply to streets that ~ currently have curb and gutter. He added that the reason Muirfield Drive ages so rapidly is the lack of curb and gutter; this requires resurfacing every 5 or 6 years. Mr. Zawaly noted that there is a general consensus among Muirfield residents that the base of the roadway is not adequate. Mr. Hansley noted that the city engineer is researching this issue. Discussion followed on bringing Muirfield Drive up to standard. There will be a second reading of the ordinance at the next regularly scheduled Council meeting. Ordinance No. 37-94 - An Ordinance Appointing a Representative to the Dublin j Convention and Visitors Bureau, and Declaring an Emergency. (First Reading) ii Mrs. King introduced the ordinance. Mrs. King noted that the proposed appointee, Connie Cahill, is very well qualified and briefly described Mrs. Cahill's qualifications. Emergency action is requested because of the DCVB's desire ~ to complete their board appointments for this year. I . m I Mrs. King moved to treat this as emergency legislation and waive the three time reading rule. Mr. Zawaly seconded the motion. ! Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes. ~ i~ I Mr. Zawaly noted that he supports the positive comments made by Mrs. King about Connie Cahill. She was the co-chair of his campaign, is a board member of the Muirfield Association, and a prime mover of "Discover Muirfield" . She will be a fine addition to the Convention Bureau Board. Vote on the ordinance - Mr. Strip, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mrs. King, yes; Mrs. Stillwell, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Held April 18, 1994 19 I'; Ordinance No. 38-94 - An Ordinance Accepting the Lowest/Best Bid for a Mobile Stage ~ j Unit, and Declaring an Emergency. (First Reading) Mrs. King introduced the legislation. Mr. Hansley stated that staff is recommending an awazd of $54,995 to purchase a portable stage and requests emergency legislation due to the need to receive delivery prior to the Fourth of July events. Chubby Checker has contracted with the City to perform at the high school stadium prior to the Sunday evening fireworks. Mr. Strip pointed out that this was a budgeted item for 1994. Mr. Strip moved to amend the title of the ordinance, adding "Declazing an Emergency", treat this as emergency legislation, and to waive the three time reading rule. Mr. Kranstuber seconded the motion. Mrs. Boring expressed some concern with the emergency nature. Mr. Hansley responded that the contract must be awarded so that the special order vehicle can be constructed and then delivered by July 4th. Purchasing the vehicle was determined to be more cost effective than rental of the unit. This was discussed at length during the budget hearings. 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. !~~i Vote on the ordinance - Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Zawaly, yes. i Ordinance No. 39-94 - An Ordinance Appropriating Funds to Settle the Appropriation Cases Related to the Improvement of Tuller Road, and Declaring an Emergency. (>Eirst ~I Reading) Mr. Strip introduced the ordinance. I~ Ms. Grigsby pointed out a housekeeping item in Section One. The amount of $158,843 appropriated to account 4203-14-2510 should instead be $166,843. The difference relates to the settlement of the cases. Mr. Seidenstecker explained that this is drafted as emergency legislation because by statute there is 10% interest on the verdict of the court, and this gives the Ciry the opportunity to begin assessments j! immediately in order to lessen the amount of interest paid out. li j Mr. Zawaly moved to treat this as emergency legislation and waive the three time reading rule. j Mr. Kranstuber seconded the motion. I~~ Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. J~ I Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. '~i Vote on the ordinance - Mr. Zawaly, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Strip, yes. it Ordinance No. 01-94 - An Ordinance Amending Certain Sections of the Compensation Plan i (Ordinance No. 2,3-93). (Tabled Ordinance) Mr. Kranstuber moved to take this ordinance off the table and set it for third reading at the next regulazly scheduled Council meeting. Mrs. King seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; ' j Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Mr. Kranstuber noted that the Personnel Board has provided a report to Council, and the Personnel I Committee of Council will meet at 6:30 p.m. on Monday, April 25 for discussion of the report. Mr. Hazding pointed out that a staff report has been provided to Council regarding the proposed ; upgrade of the permit technician position to permit coordinator. He asked that the Personnel Committee review this change at their next meeting. j Mr. Strip requested that sepazate legislation be provided for this position. Mr. Kranstuber agreed, adding that the Personnel Committee could discuss the upgrade. Mr. Kranstuber noted that the PBR will not be providing any supplemental report to the Committee, and asked that the PBR report be included in the next Council packet, prior to Council's consideration of the ordinance. i'' OTHER Architectural Review Board -Rules of Procedure Mazy Newcomb noted that the ARB adopted the Rules at their March, 1994 meeting. The proposed rules aze modeled after rules of other Boazds and Commissions in Dublin. ~ II RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Helms April 18, 1994 lg i' Mr. Kranstuber moved to approve the rules of procedure, Mrs. Stillwell seconded the motion. Y Vote on the motion -Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes. ! Reports from Council Committees Mayor Campbell reminded Committee Chairpersons to submit their Committee overview summary as soon as possible. Finance and Public Services Committee have already submitted their lists. Mr. Kranstuber, Council representative to Planning and Zoning Commission pointed out that there were 17 rezoning applications filed this month and thus the Commission has scheduled an additional meeting. Mr. Strip, Finance Committee reported that bed tax applications have been submitted under the Mazch 15 deadline and the Committee will meet soon to review them and make recommendation to Council. it ' I Mrs. King, Land Use and Planning Committee noted that the Committee will meet on Monday, April 25 at 7:00 p.m. at the 5800 Building. Agenda items include the annexation policy and the review of the Mt. Auburn study. Mr. Kranstuber, Personnel Committee stated that they will meet Monday, April 25, 1994 at 6:30 p.m. at the 5800 Building. ! Mr. Zawaly, Pazks and Recreation Committee reported that the PRAC met with the Heather Glen neighbors who aze considering setting up a formal Association. The residents shazed their ideas for ~ park planning with PRAC and staff. Mr. Zawaly also noted that a Land Trust Foundation was discussed at the meeting. He suggested that Council refer the letter regazding Shawan Falls land purchase to the Pazks and Recreation Advisory Committee for their review. Mr. Kranstuber requested that a thank you letter be sent to Larry Vance that includes the referral III of his letter to Pazks and Recreation Advisory Committee for action. Mayor Campbell requested that the clerk draft this letter for his signature on behalf of Council. ~ Mrs. Stillwell, Public Services Committee reported that the Committee will meet on Thursday, April 28 and agenda items include I & I removal and the Billingsley ditch. it I Comments from Staff j! Ms. Grigsby commented that the workload for the tax department has been very heavy in the past couple of weeks. Funds have been deposited in a timely manner, and staff has worked weekends to speed processing. I Brief discussion followed about suggestions for improving the tax forms - eliminating a pressure sensitive form, eliminating the confusion about the reference to Schedule X for those under age 18, and providing a simpler form for those who have no passive income. Ms. Grigsby stated that staff is considering simplifying the form, and welcomes input from Council as well as the Tax Boazd of Review. j;; j Mr. McDaniel introduced the Service Department new intern to Council -Lisa Napoli. Wit- . j i Mr. Kindra reported that ODOT is planning to remove the hump on SR 257 east of the Zoo and they '.I have requested use of Summitview from Sawmill to SR 257 during the week of May 2 through 6. Mayor Campbell asked that ODOT be reminded of the dates of the Muirfield Tournament. Mrs. Stillwell requested that this road closing be publicized in the paper. Mayor Campbell also requested that the Coffman Road closing be well publicized. l i Council members agreed that the city should undertake efforts to notify residents of road closings j that impact upon them. Mrs. Boring requested that additional police officers be available to assist with traffic control on road jl closings. ~ ~ Discussion followed. j. ! RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Held April 18, 1994 19 Council Roundtable Mrs. Boring expressed her thanks to the Dublin Post Office for their friendly, efficient handling of the April 15th tax deadline day. She also noted that there are some collection problems with recyclables in her azea. She thanked Lt. Geis for his recent follow-up on her request. Mr. Kranstuber noted that there are residents living on Riverside Drive who are concerned with the magnitude of the dust settling in their azea from the Amberleigh construction site. Mr. Kindra provided copies of letters to Council from Edwazds Land Company and Hooper III Demolition regazding the situation and their proposed solution of undertaking blasting to speed up 'i': the stone cutting process for the development. He noted that a condition of approval of the Amberleigh rezoning was that no blasting be permitted. Based on his reseazch, Mr. Kindra noted that blasting would be safe and acceptable, but he would require additional assurances from the Edwazds Land Company that they would agree to remedy any damages that result. Mr. Seidenstecker stated that the Law Director's opinion is that blasting is not normally part of the zoning ordinances. If Council wants to pass a motion permitting the blasting, the Law Director would recommend that the motion include a reservation that if there aze complaints or damages, Council could rescind the permission. I!'' Following discussion of procedure and a determination that public input would be needed prior to this change, Mayor Campbell requested that staff schedule a meeting with the developer and azea residents to discuss the issue and report back to Council. Council will then schedule a discussion on the blasting request at the beginning of the next Council meeting. ~ Council members concurred. If the issue has not been resolved at the staff level, it will be included on the next Council agenda at the beginning of the meeting. Mr. Hansley clazified that the rezoning condition can only be changed by Council action. Mrs. Stillwell announced that: 1. The breakfast meeting scheduled with the Old Dublin Association is set for Saturday, April 23 at 8 a.m. at the Chamber of Commerce building. 2. She also reported that an organizational meeting took place recently for "Leadership Dublin." Tom Holton will be the organizing chairman. The first class will probably be ~ scheduled in January, or possibly this fall. 3. She noted that the Kiwanis Frog Jump is scheduled for June 25th and Council members will be invited to serve as judges. 4. She also extended her thanks to Council for their review effort on the MSI study in her absence, adding that she had a wonderful vacation in Arizona. I I i Mrs. King commented that she has received feedback on the MSI sessions. She was very impressed with the analysis, but noted that a public education effort is an important component of consensus building on the MSI study. Brief discussion followed. I~' Mayor Campbell noted that the MSI fee study involves a process which will allow the opportunity to build consensus. All of the various affected elements of the community should have the same ' I opportunity for discussion during the development of the ordinance and its enactment. - The meeting was adjourned at 11:15 p.m. " ~I r ~ M r, Presidin Officer i ~ Clerk of Council 'I