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HomeMy WebLinkAbout08/01/1994 RECORD OF PROCEEDINGS _ Minutes of Dublin City Council Meeting Meetin DAYTON LEGAL BLANK R Held August 1, 1994 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Joel Campbell at 7:30 p.m. on Monday, August 1, 1994. Mrs. King led the Pledge of Allegiance. Members of Council present for roll call were: Mrs. King, Mr. Zawaly, Mrs. Boring, Mayor Campbell, Mrs. Stillwell, Mr. Strip, and Mr. Kranstuber. Staff members present included Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. Harding, Mr. Kindra, Ms. Clarke, Chief Ferrell, Ms. Puskarcik, Ms. Jordan, Mr. Lenz, Ms. Napoli, Ms. Ard, Mr. Lenz, and Chief Bostic. Apuroval of Minutes of Tuly 18, 1994 Meeting Mr. Zawaly noted that any reference in the minutes to the Charter Review and Revision Committee should be changed to Charter Review and Revision Commission. I Mayor Campbell noted a clarification to the minutes on the last page in regard to the Council representative to Planning and Zoning Commission. Mr. Kranstuber will resign from Planning and ~ Zoning Commission effective August 11. Peter Zawaly will serve as Council representative to ji Planning and Zoning Commission beginning on August 11. Mrs. King noted a correction on page 9, in the third from last paragraph, the last sentence should read, "She is interested in the visioning aspect and added that the ci staff is already doing some TQM. " Mr. Zawaly moved approval of the minutes of July 18 with the corrections as noted. Mrs. King seconded the motion. Vote on the motion: Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes. Correspondence The clerk reported that there was no correspondence. Special Presentation Mayor Campbell presented Bill Chambers with a framed portrait in commemoration of the D-Day presentation hosted by Council on June 6. Comments from Visitors There were no comments from visitors. Legislation Ordinance No. 34-94 - An Ordinance Providing for a Change of Zoning of 15.8 Acres of Land li 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) (Second Reading/Public Hearing) (Applicant: Borror Corporation, Robert A. Meyer, Jr., 5501 Frantz Road, Dublin, OH 43017) Registered as proponents of the rezoning were: Bill Riat, 5501 Frantz Road, Dublin, and Jim Houk, i~ 400 Metro Place North, Suite 390, Dublin. There were no registered opponents. ~ !i Ms. Clarke noted that this property is presently zoned R-1 and contains 15.8 acres which wraps around the Washington Township Fire building located on Brand Road. The rezoning requested is to PLR to permit the construction of 68 condominium units. She then slowed slides of the surrounding area. The condominiums will be built in four-unit structures. The architectural style is described in the documents accompanying the ordinance. Planning Commission believes that this proposed development, while slightly higher in density than much of the surrounding area, is consistent in terms of setbacks, landscape entry features, and desirable design features along Muirfield Drive. The gross density of the project is 4.3 units per acre, generally higher than the single family in the area at 2.5 to 3 units per acre. Planning Commission recommended approval at their July meeting with nine conditions, attached to the ordinance in the Record of Action. The condition relating to fee in lieu of parkland is the subject of some disagreement. The applicant and staff have computed the parkland requirements differently, and staff is recommending payment of a fee in lieu of the 1.185 acre deficit they have computed. The applicant's computation results in a .4 acre shortfall in terms of parkland requirements. ~I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meetin YT N LEGAL BLANK O. RM N 1 I Held. August 1, 1994 19 Mrs. King asked if it would be possible to have an egress on the east side of the fire station. Ms. Clarke responded that that could be discussed with the developer. Bill Riat. Borror Corporation stated that the developer had considered single-family homes for this site, but they do not lay out well due to the large setbacks on Muirfield and Brand and the lack of curb cuts on Brand. The result would be that the backs of homes would face those streets and this would not be aesthetically pleasing. He emphasized that the 76 units of condominiums would generate the same traffic as 35 single-family homes since most of the condominium owners would be "empty nesters". The multi-family use would generate more taxes for the City and there would be less of an impact on the schools because of the demographics of the buyers. The fronts of all buildings face Muirfield or Brand Road. They are required to connect to Richens Drive in order to align with the Hawk's Nest development across the street. He showed conceptual drawings of the units which will feature a mixture of townhouses and ranch units in each building. Every unit has atwo-car garage and first-floor laundry. There is a brick base around the entire building. They are considering a stone bridge feature along the lakes. The applicant has agreed to submit to the Planning Commission for palette approval on colors and materials. Tim Houk. Bird & Houk Associates stated that a series of meetings were held with the adjacent property owners to work out a landscaping program. Mounding and planting of evergreens will provide a buffer between this development and the neighboring one. He added that another benefit of this development is that it is maintained by an association rather than by an individual property owner. This will ensure a higher level of maintenance. Mrs. Stillwell asked why they are reluctant to connect with Richens Drive. Mr. Riat responded that this entails connecting private streets in their development to a public street. They are also apprehensive about creating a "cut-through" street. They believe this extra curb cut is unnecessary. Mr. Zawaly asked whether the units would have brick chimneys. Mr. Riat responded that the chimneys for the units are internal gas log chimneys located on the backs of the buildings. Since they are not visible, they do not plan to use brick. Mr. Zawaly asked if this was discussed at Planning Commission, and Mr. Riat responded that it was not. Mr. Riat further stated that brick chimneys would add quite a bit of cost to the project and they would not be visible. Mr. Kranstuber commented that this application was reviewed twice by Planning Commission. The initial reception was quite negative, but upon the applicant's offer to reduce the density and move ~ the lakes from the interior to Muirfield Drive, the Commission members viewed the proposal as more attractive than much of the single-family development being built in other areas of Dublinshire. Mrs. King noted that it would be helpful to be able to view the project with use of the available technology which allows a walk through the project via computer, providing a better sense of the ~ greenspace, height of the buildings relative to the surroundings, etc. Mr. Riat agreed, but added that the architectural details and site plans must be much more complete ~ in order to computerize the presentation. Mrs. King added that there are some good public policy reasons for encouraging high quality, multi- family development in Dublin. With the amenities contained and the landscaping along Muirfield Drive, she feels comfortable that this is a reasonable land use for the site. Mr. Kranstuber added that he believes that the Richens Drive connection is unnecessary as it lies very close to the other access. Mrs. Stillwell agreed. She is supportive of Mrs. King's idea to explore another access near the fire station instead of at Richens Drive. She asked what features of this development will make it distinctively Dublin. She also noted that the land use is appropriate. Mr. Riat responded that the only similar development in the area has been at Highland Lakes Country Club. They are seeking colors and materials which will lend a distinctiveness to the project in Dublin. Chief Bostic commented about the need for an additional access, stating that if Muirfield Drive is blocked due to an accident, there would be a need for an emergency access into the Lakes at Dunmere. I RECORD OF PROCEEDINGS _ Minutes of Dublin City Council Meeting Page 3 Meeting PAYT4N L AL Held August 1, 1994 19 Mayor Campbell suggested a future access point at the eastern corner of the project shown as an emergency access point. He asked if this issue must be addressed at this time as part of the rezoning. Ms. Clarke responded that the site plan needs some additional work. The Engineering Division and the Fire Department are not satisfied at this point. The issue will be reviewed by the Planning Commission at a later stage of the development. Mayor Campbell noted that the site plan shown contains a large amount of landscaping on the west side of Muirfield Drive. Mr. Houk responded that they were also retained by the developer who did the landscaping across the street and were trying to establish a common landscape treatment. Mayor Campbell asked if it is the developer's intention to match the Hawk's Nest landscaping, if and when Hawk's Nest is approved and developed. Mr. Houk responded that the dry laid stone walls, landscaping and trees will be very similar. Mr. Zawaly asked about the consequences of the PLR zoning in a case where the developer sells the land and does not go forward with the project. Ms. Clarke responded that the PLR is plan specific. This land could be developed according to this plan by any developer. Anyone who would want to develop it with some alternative plan, including this developer, would have to go through the planning and zoning process again. There will be a third reading of the ordinance at the August 15 Council meeting. Ordinance No. 93-93 - An Ordinance Providing for a Change of Zoning of 5.2+/-Acres of Land Located on the Northwest Corner of Sawmill and Bright Road from: R-1, Restricted Suburban Residential District to: PCD, Planned Commerce District (for office uses totalling 45,000 square feet in nine one and one-half story structures). (Second Reading/Public Hearing) (Applicant: Millco Properties Company and Richard W. and Wanda J. Hoke, c/o Millco Properties Company, 4432 Tuller Road, Dublin, OH 43017) Registered as a proponent of the rezoning was Robert M. Miller, 4334 Tuller Road. Mary E. Brown, 3888 Inverness Circle noted that she has questions about the rezoning. Ms. Clarke stated that this is an application for rezoning of 5.89 acres of land located on the northwest comer of Sawmill and Bright Roads. The site is zoned R-1, Restricted Suburban Residential and the proposal is to rezone it to PCD, Planned Commerce District for an office park development. The park would include nine one and one-half story individual office buildings. She i then showed slides of the area. The Planning Commission heard this case on July 7 and recommended approval. The problems with the sanitary sewer service have been resolved. Another issue was that of providing some combined access for this site and parcels to the north to the Bright Road traffic signal due to the possibility of Columbus installing a concrete divider median on Sawmill in the future. I The Planning Commission recommended approval with 14 conditions, and a number of these still need to be satisfied by the developer. There are some corrections to be made in the text to comply with the conditions. Council is tonight reviewing the same text provided to the Planning Commission, but the applicant must make the necessary text corrections prior to the next meeting of Council. Mrs. Boring asked if the acreage in the title will be corrected. Ms. Clarke responded affirmatively. Mary E. Brown. 3888 Inverness Circle testified that she is not opposed to the land use, in fact she believes it will enhance the area. She has two concerns: 1) Does the applicant currently have full ownership and control of the entire 5.89 acres of land involved in the rezoning request? She understands that the applicant has purchased additional acreage to the west in order to meet Dublin parking standards and to provide internal access to Bright Road; and 2) In the general architectural standards Council was provided, she suggests that the minutes of the Council meeting include this statement: "All landscaping and building materials will conform to the current standards established for all Dublin commercial buildings along the Sawmill corridor." Robert Miller. Millco Properties verified that they are in control of all 5.89 acres. They do have RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL B NK Held August 1, 1994 19 a purchase contract with Mr. and Mrs. Hoke that is contingent upon this rezoning. With zoning approval, they will go forward with the project and acquire the additional acreage. He assured Ms. Brown that they will use the materials as already in place along Sawmill. Their text states that they will use stone, brick, architectural stucco and highly textured roof systems. Mr. Strip asked if the units would be individually owned. Mr. Miller responded that their plans call for a condominium association to own the ground and all the improvements except for the individual buildings which will be owned by each occupant. He added that one building is nearly under contract, and they are negotiating with a pediatrician, a dentist and a day care center at this time. Mayor Campbell asked if the proposed elevations and materials of the buildings have been shared with Mrs. Brown and her neighbors. Mr. Miller stated that he believes the neighbors have seen them, but welcomed them to view them again tonight. Mrs. Boring asked about the rear elevation to the Sawmill and Bright Road area. Mr. Miller responded that this will be a combination of brick and stone. Mrs. Boring commented that citizens were led to believe the materials would be red brick which has been carried through the Dublin Village Center and Inverness developments. She would like more specification about the materials. Mr. Miller stated that he is willing to use red brick all along Sawmill if that is the desire of the Planning Commission. Mayor Campbell commented that the Planning Commission motion for approval notes a "commitment to continue the Sawmill Road frontage treatment established." He assumes this means the same style of architecture and materials. Mr. Miller responded that his interpretation is that this refers to the landscape and combination wrought iron and red brick fence along Sawmill. Ms. Clarke clarified that this did not refer to building materials but to creating a certain image and regularity along the streetscape. This was not a reference to red brick buildings. Mayor Campbell commented that he assumes there is no objection to adding an additional condition requiring the same building materials as what already exists along Sawmill Road. Mr. Miller stated that he would have no objection. Mr. Strip asked about a condition addressing the location of the day care center in a specific area of the development. Ms. Clarke responded that the day care is not a listed use within the text. A day care center would be a conditional use and is subject to a discretionary hearing by the Planning Commission which would then take responsibility for appropriate siting of the center. Mr. Strip commented that it would be undesirable, in his view, for the day care center to face Sawmill Road. What type of condition could be appended to ensure this? Ms. Clarke stated that the text could be rewritten to specify that a note on the approved plat be included indicating that the frontage along Sawmill would not be an appropriate location for a day care center. Mr. Strip asked Mr. Miller if he would agree to this. , Mr. Miller stated that he would not have a problem with this condition. Mrs. Boring noted that she would want more consistent treatment along Sawmill Road in terms of materials listed in the text. Mr. Miller stated that he would comply. Mr. Zawaly asked if there has been resolution of the stormwater runoff issue raised by Mr. McCoy at Planning Commission. Ms. Clarke responded that the project is not yet at this phase of design. The stormwater drainage issues are addressed at the final development plan stage. The developer will be required to meet Dublin's standards at that time. Mr. Zawaly asked for further clarification regarding condition #7. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK Held August 1, 1994 19 Ms. Clarke stated that the office laboratory and research uses are to be excluded from the development text since they are not favorable uses to the neighboring single-family neighborhood. These uses would be too industrial. Mr. Zawaly asked about condition #9 requiring the development text to be revised relative to the condominium association ownership and maintenance of access parking and landscaping within the site. Ms. Clarke responded that staff wants to ensure that those cross access easements are given legal weight. Staff also wants to provide assurance that the maintenance, access and long-term landscaping of the site is dealt with as part of the rezoning. Mrs. Boring asked the Village of Inverness Condominium Association president to comment on their views. Connie Davis. President of Village of Inverness Condominium Association stated that they are concerned about the large parking area directly across from the Villages of Inverness -they were told that there would be an office building in this location. They also have concerns about the traffic generated by the development on an already congested Bright Road. Ms. Clarke stated that under the Dublin Code, any parking area is required to be screened to a height of three feet with a shade tree every 40 feet along the edge of the parking lot. Ms. Clarke added that a traffic study had not been done for this project due to its small size. In the Bright Road Area study, this is a conforming use. Mrs. King commented that she is please to see this area developed in keeping with the Bright Road Area plan. She does have a concern with stormwater. She is opposed to adding more water to the , giant pipe proposed by the developer to the north for moving stormwater directly down to the Scioto River. She urges staff not to allow any more connections to that pipe. Mr. Miller responded that they are meeting with R.D. Zande Engineering firm tomorrow and with Randy Bowman to discuss this issue and some traffic issues as well. Mrs. King offered that it would be preferable to combine the stormwater drainage needs of this project with the needs of other adjoining parcels in the future, adding that a significant portion of this drainage area lies in Columbus and totally lacks stormwater detention, resulting in much damage to Dublin. Mr. Miller responded that their property has a crown along the proposed driveway on the north. This is where the Bright Road ditch begins. There is a culvert that takes the water to Sawmill and on down. Mrs. King asked that the record reflect that the applicant has indicated that the stormwater would most likely drain toward the existing office buildings to the south as opposed to into the Billingsley ditch. Mrs. Stillwell asked whether the maximum density of 10,000 square feet per acre would comply with the lot coverage restrictions. Ms. Clarke responded affirmatively. Mrs. Stillwell noted that she had served on Planning Commission while this application was reviewed and is pleased with this land use which is compatible to other developments along the - Sawmill corridor. ~ Mrs. Brown suggested that Council add a condition that if a day care center is incorporated, it faces neither Bright Road nor Sawmill Road. Mr. Miller responded that if a day care center is included, it would be located on the very northwest part of the site. He would have not objection to adding this condition. Mayor Campbell noted that a third reading will be scheduled for August 15, and at that time, Council expects that the ordinance will be presented in an amended form, incorporating the conditions from Planning and Zoning and the additional conditions discussed by Council this evening. Ordinance No. 51-94 - An Ordinance Amending the Codified Ordinances of Dublin, Ohio by Adding Chapter 167 Establishing a Fee and Service Charge Revenue/Cost Comparison System. (Third Reading) RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 6 Meeting DAYTON LEGAL BLANK CO., FORM NO. 1014 Held August 1, 1994 19 Mr. Foegler commented that staff has no additional information on this legislation. Mr. Kranstuber stated that in its present form, he could not support the ordinance. He is concerned v that passage of the ordinance would result in Dublin not being able to compete with other communities in Central Ohio for development. Mayor Campbell commented that he had sent a fax to Council members today regarding his suggestion that this item be tabled for at least two weeks to allow for more input from the private sector most affected by the legislation. While he supports Dublin taking a leadership role in fee and service charges, he has concerns that the new fee structures are reasonable. Additionally, he has concerns about the implementation and establishment of an executive order authority for the fee structure. He favors tabling the ordinance for two weeks. Mrs. Stillwell agrees with tabling this item. She believes there is a need to establish some mechanism to assure the quality level of the service and to measure satisfaction with those services. In addition, with a process evaluation, some services could possibly be provided for a lower fee. Mrs. King urged Council not to delay the implementation of this legislation for too long. Dublin has always been viewed as a leader. With this ordinance, for the first time, fees would be based upon costs rather than continuing the practice of subsidizing particular user groups. The private sector has not brought amendments forward to Council at this time. She believes that the private sector trusts that the City will see that the legislation is implemented in a workable fashion and that adjustments will be made if necessary. I Mrs. Boring is uncomfortable with the method by which costs were computed. She believes that r ~ certain costs should be borne by government for both residents and developers. She does not _ support charging 100 percent of the total costs at this time. She will support tabling for two weeks if there is a specific program for action to be taken within the two week period prior to the next i consideration. ~ Mayor Campbell suggested that Mr. McGory respond about the figures or the concept contained in the legislation. Mr. McGor disa rees that the develo ment communit has had enou h o Y g P ortunit to comment on Y g PP Y the ordinance. The first notice he received was last week. The development community has many concerns with the long approval process for development. Council needs to look at this process and determine how it can be improved. Some people may believe the City is over-regulated and overstaffed and is now looking for the development community to pay those costs. He believes that two weeks would provide adequate opportunity for more input. Mayor Campbell responded that Council is seeking the development community's legitimate concerns about specific items which need further study. There are many parts of the ordinance that are uncontroversial and not related to the development community. Council needs to move forward with the legislation and not wait months to take action. Mr. McGory agreed to meet with Mr. Foegler to discuss the development community's concerns. Mr. Kranstuber noted that he has a problem with the ordinance from a philosophical standpoint. He does not believe he would support even a modified version. He believes that the role of government is to provide these services and not to charge them back in fees. Mr. Zawaly stated that he supports this ordinance both in philosophy and in concept. He noted that the consultant recommended that the City set aside $4 million per year for infrastructure needs and at the present time, only $1 million is set aside. Council must take a leadership role in order to meet i these infrastructure needs over the long term. He also recalls that personal invitations were sent to a large list of developers to attend an informational session about the ordinance. Only two or three people attended. He suggested that Mr. McGory should bring forward specific concerns instead of generalities. If Council chooses to table the ordinance, they should have a plan. He urged Council to go forward and make a decision. j' Mayor Campbell moved to table this ordinance until the August 15 meeting. If anyone has specific issues which should be addressed, they should forward them to Council in the interim. I'. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK CO., FORM N 7014 Held August 1, 1994 19 Mrs. Stillwell suggested a timeframe for responses of one week. Mayor Campbell agreed. This will allow time for Council members to study the responses prior to the next Council meeting. Mrs. Stillwell seconded the motion to table for two weeks. Mrs. Boring suggested that the concerns voiced by staff during the MSI heazing be provided to Council. Mr. Foegler offered that staff would generate a summazy of the concerns brought by citizens and staff prior to the next Council meeting. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. There will be a third reading at the August 15 Council meeting. ii Ordinance No. 60-94 - An Ordinance Adopting a New )h~nctional Organization Chart for the City of Dublin. (Third Reading) Mr. Hazding stated that he has provided to Council the previous organizational charts and amendments requested at the last meeting. Mr. Zawaly stated that in the newly proposed chazt there aze footnote references which seem to be inappropriate. He suggests eliminating the footnote on the first page, and deleting the reference to the law firm by name in case that would change in the future. Mr. Hazding agreed that the footnotes were unnecessazy to the chart. They were added to provide some clazification. Mr. Zawaly moved to amend the organizational chart to eliminate any references to footnotes except for footnote #2 on page 5. Mr. Strip seconded the motion. 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. Vote on the Ordinance -Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mayor Campbell, yes. Ordinance No. 64-94 (Amended) - An Ordinance Vacating the Lowell Trace Bikepath Easement. (Second Reading) i Mr. Smith commented that the ordinance has been amended to include the clazification requested by Mr. Zawaly and Mrs. Stillwell at the last Council meeting. He added that, at the time of third reading, staff may request Council to defeat this ordinance due to a title seazch and some other changes which have taken place since its introduction. ii There will be a third reading of the ordinance at the August 15 Council meeting. j I! Ordinance No. 65-94 - An Ordinance Authorizing the City Manager to Enter into a Contract on Behalf of the City of Dublin, Ohio with Delaware County, Ohio and the City of Columbus, Ohio Whereby Sewer Service Boundaries will be Adjusted. (Second Reading) Mr. Foegler stated that staff is aware of the concerns raised by the Land Use Committee regarding the potential issues resulting from a master metered billing structure for residents of this area. Staff has several strategies to approach the problem which will be discussed with the parties prior to the third reading. He noted that the City of Columbus did take action to authorize its law director to implement these agreements. The agreements can still be amended pursuant to Columbus' action. Mrs. King commented that staff was given cleaz direction at the February Land Use Committee meeting, and this was not reflected in the present agreement. It is important for the Ciry to maintain the quality of services throughout the City and to treat residents in an equitable manner. If the issues cannot be resolved, she recommends that Council say no to this agreement and work to have Delawaze County bring forward a more reasonable one. It is important to deal with this matter now in order to prevent an outcry in the future from residents faced with excessive sewer bills. She complimented Howard Adams for being tenacious on this issue and thanked staff for their time and commitment to working out the agreement. There will be a third reading of the ordinance at the August 15 Council meeting. iI I~ RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK CO., RM N I Held August 1, 1994 19 Ordinance No. 69-94 - An Ordinance Authorizing the City Manager to Enter into a Sewer Line Reimbursement Agreement between the City of Dublin and the Shawnee hills Land Company. (Second Reading) Mr. Foegler pointed out that an amended version of the agreement, reflecting comments made to Council at their last meeting, was contained in the packet. The entire cost of this sewer line for the full length of its extension is being divided among the 400 plus benefitting acres. This is simply a per acre sewer reimbursement charge that the City collects in the sewer installer's behalf. Since the City previously contributed $200,000 toward the sewer underpass on Muirfield Drive as part of a land settlement issue, that $200,000 is also recouped from this sewer reimbursement fee. Between now and the time of third reading, letters will be requested from the affected property owners indicating that they are supportive of this principle since this is being done somewhat differently from reimbursements done in the past. ~ There will be a third reading of the ordinance at the August 15 Council meeting. II Resolution No. 11-94 - A Resolution Authorizing the City of Dublin, Ohio to File Multiple Applications and Enter into Agreement with the Ohio Department of Natural Resources for the Purpose of Acquiring Funds through the Recycling and Litter Prevention Program Pursuant to the Ohio Litter Control Act of 1980. (Second Reading) Lisa Napoli, Service Department intern commented that the Service Committee will review this resolution on Wednesday evening for a recommendation to Council for the August 15 meeting. She noted that the budget amount proposed in the recommendation of $120,000 has been reworked, and the total now will be $67,200. Mrs. Stillwell asked what the City's share would be. Ms. Napoli responded that the share would be $13,400. She will submit a detailed budget to the ~ Committee on Wednesday. There will be a third reading of the resolution at the August 15 Council meeting. Ordinance No. 70-94 - An Ordinance Advancing Funds from the General Fund to the Perimeter Center TIF Fund, Appropriating Funds, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance. Mr. Foegler stated that the eligible public improvements for the Perimeter Center TIF project approved by Council in June involved the extension of Coffman Road from Post Road south to 33 and an extension west to tie into Perimeter. This is an important linkage of the Coffman extension ~ to provide continued east/west movement south of Post Road to de-emphasis Post Road, and to secure the next critical link of Coffman Road so that the overpass becomes the most logical next part of that project. In order to establish a fund so that any additional dollars spent on that project are eligible to be reimbursed through the TIF, it is important to establish that fund now. I Mr. Strip said he has no concern about setting aside the funds, but would recommend caution about j advancing funds until the City is under agreement with the developer. I! Lengthy discussion followed about the process and the importance of this legislation to recapturing of funds expended for the project. Mr. Strip moved to waive the three-time reading rule and treat as emergency legislation. Mr. Kranstuber seconded the motion. a Mayor Campbell emphasized that emergency action is necessary to protect the right to recapture the funds. Vote on the motion -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Kranstuber, yes. Vote on the ordinance -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes. Ordinance No. 71-94 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1994, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance. Ms. Grigsby explained that bed tax funds had been used to fund expenses associated with the Xoggz soccer team. This ordinance amends the annual appropriations to provide funding for special events I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK CO. FORM NO. I 1 Held August 1, 1994 19 for which bed tax funding was previously approved. Mr. Kranstuber moved to waive the three-time reading rule and treat as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes. Vote on the ordinance - Mr. Zawaly, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes. Ordinance No. 72-94 - An Ordinance Amending Section 951.17 and Enacting Section 951-18 of the Codified Ordinances of the City of Dublin, Ohio. ()First Reading) Mrs. Boring introduced the ordinance. Mr. Smith explained the changes in the ordinance which provides for a differentiation between moving and non-moving violations. This will allow someone who is cited for wrongful pazking in a park to be cited under anon-moving violation. The moving violation is still contained in the ordinance for cases where persons aze cited for driving vehicles on the bike paths. Mr. Zawaly requested that any legislative history for this section be provided to Council. There will be a second reading at the August 15 Council meeting. 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. (Tabled) Mr. Foegler reported that negotiations for this franchise are continuing. OTHER Final Plat -Dublinshire 6 (Applicant: Holding Corporation of Ohio and Dunmere Associates, c/o Timothy M. Kelley, 250 East Broad Street, Columbus, OH 43215) Mayor Campbell pointed out that there was a memorandum in the packet from staff stating that there are no remaining landscape issues to be resolved. Mr. Strip moved to approve the final plat of Dublinshire 6 subject to the conditions of Planning & Zoning Commission. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell es• Mr. Kranstuber ~ y ,yes; Mr. Strip, yes. Reports from Council Committees Mrs. King, Land Use Committee reported that the Committee has had discussions with the Dublin Chamber of Commerce regazding the Chamber's establishment of anot-for-profit entity to handle economic development matters. II li Mr. Kranstuber expressed concern about the need for Council as a whole to endorse the concept of the creation of a private agency for economic development prior to working out details of the agreement. Mayor Campbell commented that his understanding is that the City and the Chamber have endorsed the concept of the development of a working relationship for economic development efforts. The details must now be worked out in terms of funding and staffing. Council can consider an agreement when it is brought before them. Mr. Foegler stated that Council adopted a resolution over a year ago committing to a cooperative public/private effort for economic development. The Chamber has proposed the development of a not-for-profit as an entity for economic development. The Committee is now trying to determine what the nature of the working relationship should be without rejecting or accepting the notion of the not-for-profit. If the Committee believes this organizational approach has merit, they will recommend it to Council. Mayor Campbell noted concern about Council's responsibility to administer public funds, including economic incentives for development such as TIF's. Council would have to determine the degree to which they are willing to surrender to another entity the right or obligation to make decisions on ~I I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK CO.. FORM NO. I 14 ' Held August 1, 1994 19 granting economic incentives. His understanding is that there is support for working in collaboration with the Chamber to develop an economic development strategy and program, and the Committee is working on this. Mrs. King stated that the whole purpose of the process was to allow Chamber officials and City officials to work together to develop an agreement. She urged everyone who has input on this issue to contact the members of the Land Use Committee and staff. Mrs. King will provide copies of the draft agreement to other members of Council when it is prepared. Mayor Campbell suggested that other members o€ Council be invited to the next discussion of this issue by the Land Use Committee. Mrs. King responded that a meeting is not scheduled at this time as the Chamber had requested that it be postponed. Mayor Campbell also noted that the Chamber of Commerce has written him a letter asking Council to review the terms of their lease with the City. He suggested that the Finance Committee review this request, if other members of Council have no objection. There was no objection from Council members. Mr. Strip, Finance Committee stated that the Committee will research the rent issue and provide historical background to Council. Mr. Zawaly, Parks and Recreation Committee stated that the PRAC met on July 13. From that meeting came a proposal from Marcia Wood for creation of the Dublin Land Foundation. He moved to refer this proposal to the Council Parks and Recreation Committee and to the Finance Committee. Their task would be to examine the entire feasibility of the proposal to see whether or not it has merit; if it does, the Committees should recommend how to proceed. Mr. Zawaly also reported that a tentative groundbreaking date for the Community Recreation Center has been set for Monday, August 22. Mr. Zawaly, Charter Review and Revision Commission reported that he and Mrs. Stillwell, after considerable time devoted to interviews, have recommended the following candidates for the Commission to Mayor Campbell: Jack Boston, Administrative Vice President of Ashland Chemical; Mack Parkhill, Regional Sales Manager for Pioneer New Media Technologies; Becky Saylor, Educator at Dublin-Coffman High School; John A. Guy, II, President of J.A. Guy, Inc.; Diane Beall, who works in the Office of the Treasurer of The Ohio State University; and Council Members Judi Stillwell and Peter Zawaly. Mayor Campbell has approved the recommended candidates. Mr. Strip moved that Council approve by resolution the appointment of the members of the Commission. Mrs. King seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. II Comments From Staff j Mr. Kindra reported that beginning next Monday, Dublin Road north of Rings will be restricted to ii local traffic only for three weeks due to the water line construction in the area. Ms. Jordan informed Council that the aerators have been installed in the Lowell Trace pond. Chief Ferrell commented that they are in the final stages of hiring a replacement for an officer who F moved to New York. Sara Thomas will begin work with the City in September. She will be brought to Council to be sworn in at the appropriate time. Council Roundtable Mr. Zawalv: 1. Commented that he has become aware of a serious breach of confidentiality via the use of office fax machines. As a result, he is proposing that City fax machines be installed in Council members' homes with dedicated phone lines paid for by the Ciry. He believes that these are legitimate government expenses and necessary tools to provide for confidentiality of certain matters. Discussion followed. I I J. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTON LEGAL BLANK R Held August 1, 1994 19 Mr. Grigsby commented that funding for installation of the machines and monthly chazges could be appropriated from other Council accounts. This would require establishment of a communications line item account. Y Mr. Zawaly moved to allocate sufficient funds from existing appropriated funds for Council use for providing each Council member with a home fax capability, including a machine, a dedicated line, and monthly chazges associated with the line. In the case where a Council member has already installed a separate line for a City fax, reimbursement should be made to the Council member from the City. Mr. Strip seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Mrs. Stillwell reported the following: 1. Work continues on the 270-North widening lobby efforts. They are currently proceeding with data gathering with suburban Chambers of Commerce; making this a priority with the Columbus Chamber; ensuring that the design phase moves forwazd; and initiating a letter writing campaign to the governor through his Chief of Staff. 2. Regazding the fire department consolidation effort led by Arlene Shoemaker - MORPC approved a motion to pick up the continuance of the study to determine the feasibility of implementing the proposed consolidated system. Mrs. King commented: 1. Regazding the fire department consolidation effort, consideration is being given to concerns that maybe there is no need to consolidate; the discussion will be refocused to determine whether or not consolidation makes sense. She believes the efforts by MORPC will refocus the discussion in a positive way. 2. The Eagles Boys U-14 Team won the Nike National Triple Crown yesterday in Denver, Colorado in a close game worthy of World Cup play! Mrs. Boring asked about some negative reports that some of the participants in the Explorer Camp were involved in damaging of some vehicles and whether parents aze required to pay for the damage. Ms. Jordan responded that when the City can clearly determine who was responsible for these problems, they work with the parents to ensure this. Mr. Kranstuber asked about the cold water temperature at the pool. Mrs. Jordan responded that the pool was drained due to the broken glass incident and the cool weather has had an effect on the pool temperature. She will check and advise about the pool heater. Mr. Zawaly commended the Muirfield Association for its cooperation with the City of Dublin in allowing the Dolphins to use the Glick Road pool during the recent City pool closing. The relationship between the swim teams is terrific! Mayor Campbell noted that there has been apparent vandalism at the pool resulting in unusable lights in the front. He suggested replacing the lights and routine patrols by the Dublin Police at the pool, particularly at this time of year. Chief Ferrell assured Council that arrests have been made on the recent vandalism incidents. Restitution will be required from the parents. Discussion followed about the vandalism problems in the City of Dublin and the City's efforts to resolve them. Mayor Campbell reported: 1. He and Mr. Kranstuber staffed the Coffee with Council program on Saturday morning at Kroger. He stated that it provides a good opportunity for residents to talk informally with members of Council, and at the same time helps Council to better understand the community's concerns. He added his thanks to the clerk for her assistance with the program. 2. The CABA 14-yeaz old World Series begins on Thursday evening. He invited all Council members to join him at the opening ceremonies. 3. Noted that Mrs. King and Mrs. Boring will staff the Coffee program on August 27 at the Dublin Public Library. Executive Session RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK Held August 1, 1994 19 Executive Session Mr. Strip moved to adjourn to executive session to discuss a land acquisition matter. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. The meeting was adjourned at 11:05 p.m. Mayor Campbell noted that the meeting will not be reconvened following the executive session. Mayo esidi Officer i Clerk of Council i I I I it