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HomeMy WebLinkAbout08/15/1994 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting OAVTON LE AL BLA Held August 15, 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 15, 1994. Mr. Strip led the Pledge of Allegiance. Members of Council present for roll call were: Mr. Zawaly, Mr. Strip, Mayor Campbell, Mrs. Boring, Mrs. King, and Mr. Kranstuber. Mrs. Stillwell was absent (excused). Staff members present included Mr. Hansley, Mr. Foegler, Mr. Smith, Mr. Hazding, Ms. Clarke, Ms. Grigsby, Mr. McDaniel, Ms. Jordan, Ms. Puskazcik, Chief Ferrell, Mr. Lenz, Mr. Kindra, and Chief Bostic. Mayor Campbell announced that the executive session scheduled this evening will take place prior to the legislative portion of the agenda. Approval of Minutes of August 1, 1994 Meeting Mrs. Clarke pointed out that on the first page, approval of the minutes noted was for the July 18 meeting, not August 1. Mrs. Boring noted that on page four, the names should be Mr. and Mrs. Hoke. On page 5, Connie David should read Davis. On page 11, under her Roundtable remazks, "of the pool and" should be eliminated. Mr. Strip moved approval of the minutes of August 1 with the corrections as noted. Mr. Kranstuber seconded the motion. Vote on the motion: Mr. Zawaly, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Certificate of Recognition Mayor Campbell presented a special awazd to student Jennifer Catlin for her reseazch efforts in prepazing documentation regarding the Dublin cemetery history for the development of the Dublin Heritage Hunt Program. Correspondence The clerk reported that there was no correspondence. Comments from Visitors Gerry Clouse of 3312 Cranston Dr. stated that he represents the Dublin Quarterback Club. Due to the City's installation of new light poles on 161, they aze no longer able to advertise Friday night football games with street banners. He was told by the Planning Department that they would be permitted to put up one sign advertising the football games at the corner of 161 and Frantz. Since the Xoggz have been allowed to use more signs, he would like to make the same request of Council. They aze specifically requesting permission to put up three signs -one at Frantz and 161, one at Riverside and 161 and one at Sawmill and 161. The signs would be four foot standazd signs and they would be displayed two days prior to each football game. Ms. Clazke responded that the signs being proposed are not permitted within the City code. In the ' case of a special event, the Code permits signage for a period of 30 days on the site where the event is to be held. Mr. Hansley commented that the Xoggz were granted a total of three signs as part of the agreement. The signs were to be at the site, at Avery Park and at Frantz and 161 and were allowed to be installed four days prior to the game. Mr. Hansley also clarified that the reason banners aze no longer used across Bridge Street is due to the wind load on the utility poles. Mayor Campbell suggested hanging small banners from the street poles. Mr. Hansley agreed that this would be an option; the only problem would be in the case where two events would request banners for the same time period. Following brief discussion of some options, Mrs. King commented that the issue deserves more consideration. She does not want to appear too hopeful on the subject of lazge banners because of the number of requests the City receives and the fact that the City serves three school districts. She believes the tradition of permitting sandwich boards at 161 and Frantz has worked well. Mr. Strip stated that he believes the City owes a greater level of support to the schools and their programs than to some commercial enterprises. He would support permitting the banners if it is RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meetin LE AL B NK O. RM Held August 15, 1994 19 workable. Council needs to revisit this issue. Mayor Campbell commented that Council will try to facilitate this request, and suggested that Mr. Smith contact Mr. Clouse. Ms. Puskarcik offered to put the football posters in the kiosks around the City and to add the football schedule to the "Hold into Gold" message on the City telephones. She also offered to include the schedule in the Inside Dublin quarterly newsletter. )8~cecutive Session Mrs. King moved to adjourn to Executive Session to discuss legal and real estate matters. Mr. Strip seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes. The meeting was reconvened at 8:10 p.m. Legislation 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 Road and Martin Road from: CC, Community Commercial District to: PCD, Planned Commerce District. (Sportmart, Inc.) (Applicant: Sportmart Incorporated, c/o Ben W. Hale, Jr., Smith and Hale, 37 West Broad Street, Columbus, OH 43215) Registered as a proponent of the rezoning was Jack Reynolds, Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215. There were no registered opponents. Ms. Clarke stated that this is an application to rezone just over four acres located on the northwest corner of Sawmill Road and Martin Road from CC, Community Commercial District to PCD, Planned Commerce District. The applicant in this case is Sportmart. The building that is under construction was approved by Planning Commission and was granted several variances by the Board of Zoning Appeals. The staff had asked as afollow-up measure that the land be rezoned into a planned district to assure City control of a long term re-use of the property. The applicant agreed to this. Mr. Strip asked for clarification of the acreage, since the title on the agenda reads 3.48 acres. Ms. Clarke stated the agenda was incorrect -the acreage should be 4.081. Ms. Clarke proceeded to show slides of the site. i Ms. Clarke stated that this application has received a number of public reviews, both by the Planning Commission and the Board of Zoning Appeals. The application went to the Planning Commission in June and they recommended approval with nine conditions. The only unusual condition is #3, that the text be revised to limit uses to those with a low parking need as described in the staff report. i i In this case, the applicant has stated that he believes that he has a good location for a restaurant and has asked to use 5,000 square feet of the 41,000 square feet building as a restaurant, leaving the rest vacant. The language in that text is very specific because this is a very unusual request. The i~ language was approved by the law director's office. It does permit this building to be reused for a variety of commercial purposes, some as conditional uses authorized by the Planning Commission and some as permitted uses. The single issue, as far as the staff is concerned, is that the building at this highly commercial corner will be very large with very limited parking. The nature of this sports retail use seems to indicate that a lower parking generation figure is appropriate for this building. The Board of Zoning Appeals reviewed documentation from the Sportmart Company and determined that the parking ratio was appropriate. The Planning Commission voted 5-0 to recommend approval of this rezoning application. The building is currently under construction in the Community Commercial District. The purpose here is to take care of the long term reuse of the property in the event that Sportmart is no longer the major tenant. Mrs. Boring asked if the applicant was granted a variance on their southernmost boundary. Ms. Clarke responded that they were granted a variance in order to facilitate shared parking lots. The 15 foot green space requirement between pavement and interior property line was waived in order to allow a common driveway into the property. Mr. Zawaly asked for further clarification of how the text reads in relation to the restaurant use. Ms. Clarke responded that it permits such uses to be reviewed by the Planning Commission as RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meetin DAYTON LE AL 9 Held August 15, 1994 19 conditional uses. In order to utilize the existing building for one of the conditional uses, the applicant may have to agree to reduce occupancy or use of a portion of the building that corresponds to the available parking on the site for that particular use or uses. Jack Re nom, Smith & Hale. 37 W. Broad St., Suite 725, stated that they are seeking Council's support for the rezoning application, which was a condition of the variances that were granted in December of 1993. They tried to respond to all of the requests from the Board of Zoning Appeals and Planning and Zoning Commission. In addressing concerns about subsequent use of the building if Sportmart would leave, they have worked with the law director's office and agreed to language whereby the City of Dublin would have review of any reuse of the building. Mr. Zawaly noted that staff had recommended disapproval previously. He assumes that staff is now recommending approval with the conditions agreed upon. Ms. Clarke answered affirmatively. There will be a third reading of the ordinance at the September 12 Council meeting. Ordinance 93-93 - An Ordinance Providing for a Change of Zoning of 5.89+/- 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). (Third Reading) (Applicant: Millco Properties Company and Richard W. and Wanda J. Hoke, c/o Millco Properties Company, 4432 Tiller Road, Dublin, OH 43017) Ms. Clarke stated that at the time of the public hearing, there were several issues that remained to be resolved in the text. There were also some issues that arose at the time of the public hearing including one raised by the neighbors involving the repetition of brick material within the text. Those changes have not yet been made to the text. Staff recommends deferral of a vote until the applicant revises the text to incorporate all of those items from the Planning Commission and the public hearing. Mayor Campbell asked for an estimated timeframe for resolution of these issues. Ms. Clarke responded that she will be submitting a revised text to the developer this week because the issues have not been resolved through verbal communication. She expects the issues to be worked through by the next Council meeting. Mr. Strip moved to table the ordinance until September 12. Mr. Kranstuber seconded the motion. Vote on the motion: Mrs. King, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Mayor Campbell announced that the third reading of the ordinance has been tabled until September 12. Ordinance 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). (Third Reading) (Applicant: Borror Corporation, Robert A. Meyer, Jr., 5501 Frantz Road, Dublin, OH 43017) Mr. Zawaly asked Mr. Riat if the plans had been revised to include brick chimneys. Mr. Riat, representing the applicant, responded that this change had not been made. Mrs. King moved to approve the rezoning subject to the conditions of the Planning and Zoning Commission. Mrs. Boring seconded the motion. Vote on the motion - Mr. Strip, no; Mr. Zawaly, no; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes. Ordinance 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) Mr. Hansley stated that staff was requested at the last meeting to provide some additional information for tonight's meeting. There are some portions of the ordinance which staff would like to present to Council in a revised format. He requested that Council table the ordinance until the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meetin N AL 9LANK C K RM N 10 Held August 15, 1994 19 next Council meeting. Mrs. King stated that part of her motivation in supporting this legislation is to provide for the continuation of the high levels of service to residents of the City. She would like to see an amendment that would clarify that the purpose of the ordinance is to set aside adequate funds each year for the maintenance of the City infrastructure. She distributed to Council a "Summary of Fee for Service Recommendations of the Governor's Operations Improvement Task Force." She noted that Dublin is, in fact, implementing recommendations that were made by the Governor's Blue Ribbon Commission on the Improvement of Operations. Mayor Campbell noted that he had sent a memo to Council proposing that the fees be implemented at 50 percent for several reasons: 1. This will allow the community to become accustomed to the idea. 2. The goal in the legislation is to attribute direct costs to the user with a portion of the indirect or fixed costs allocated to particular services. Some Council members believe, with justification, that the City exists to serve the citizens and should therefore not charge 100 percent of the costs for these services. Since direct costs are generally in the range of 50-60 percent of the figures, and indirect costs in the range of 40 percent, this provides a basis for implementing the fees at 50 percent. 3. He noted that the park fees and cemetery fees should also be included and not just the development services. 4. He commented that some service charges should be passed along at possibly 100 percent to the beneficiary, especially in labor intensive areas for services such as permit fees. Mr. Kranstuber said that he has concerns with the parks fees since this is an area where the Ciry gives something back to the community. With all of the great economic development in Dublin and tax revenue, the average Dublin citizen should not have to pay high fees to use the recreation facilities. Mayor Campbell stated that he merely wants Council to take action on the park fees instead of postponing a decision for another year or two. He also has concerns with assessing user fees to the very areas that bring revenues -economic development. Mr. Zawaly stated that many issues remained to be resolved following Council's initial review of the MSI study. He suggests that the Finance Committee work with staff to review and bring recommendations back to Council. Mrs. Boring agrees. She is uncomfortable with many items which are being charged at 100 percent and with full recovery of costs for the park system. Mrs. King suggested that Council table the ordinance and direct the Finance Committee to work with staff to develop the amendments that have been discussed tonight, bringing back a consensus to Council on the ordinance for the next Council meeting. Mayor Campbell said he doesn't want the ordinance to be controversial to the point that it will not be approved. He wants to make sure everyone understands that a particular industry is not being ~ targeted, it is instead a cost of services issue. Mrs. King agrees with Mayor Campbell that they should address the parks and cemetery issues as part of the ordinance if there is consensus. She had understood at the Saturday MSI review session that Council intended to maintain park fees as they exist today. n Mrs. King moved to table Ordinance No. 51-94 until the September 12 Council meeting and refer it to the Finance Committee to work with staff to develop a consensus recommendation. Mr. Strip seconded the motion. Mr. Strip suggested that if any members of Council have any specific numbers or changes, please let him know in the next week or 10 days prior to a Finance Committee meeting. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Strip, yes. Ordinance No. 64-94 - An Ordinance Vacating the Lowell Trace Bikepath Easement. (Third Reading) Mr. Smith requested that Council defeat this ordinance and provided background information about RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meetin AYTON LE K Held August 15, 1994 19 why the City wants to retain this as a general easement. Mr. Zawaly expressed concern about the procedures involved in determining the ramifications of vacating this easement prior to bringing legislation to Council. Mr. Smith responded that this was done in error. Parks and Recreation had requested that the bikepath be vacated, and legal staff had prepared the legislation. The error was found when the records were checked. Mr. Foegler noted that staff has established an internal review procedure to help identify these types of issues in the future. He added that this plat is very unusual and contains many notes that could lead to different interpretations. Vote on the ordinance - Mr. Zawaly, no; Mrs. Boring, no; Mr. Kranstuber, no; Mayor Campbell, no; Mrs. King, no; Mr. Strip, no. 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. (Third Reading) Mr. Foegler stated that staff has added a provision to the ordinance referencing the attached agreement in light of the concern raised by Council previously. The one remaining issue that had been of concern is the fact that there may be some variation between what would be a normal bill to the residents and what in fact Delaware County could bill the City of Dublin in the event there was an excessive or unusual I & I problem in this area or other factors which could lead to a high level of variability. The added provision states that it is the intent of this Council to establish a fund which the benefitting developers will contribute to which will be some kind of sewage payment equalization fund, to the extent that there are significant differences between what Council establishes as the rates charged to those residents and what we are billed by Delaware County. He feels this addresses the volatility issue that was a concern before, and added that legislation will be brought to Council in the future to establish this fund. Mrs. King stated that she thinks this is a creative solution to the problem. It takes into consideration the best interests of Dublin citizens who will occupy these homes, while at the same time is fair to Delaware County. More importantly, it provides an avenue to make sewer services available to Shawnee Hills. She recommends approval of the amended ordinance. Mr. Strip moved to amend the ordinance as submitted tonight. Mrs. King seconded the motion. i Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes. Vote on the ordinance -Mrs. King, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Zawaly, yes. 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. ~I (Third Reading) ~I Mr. Foegler stated that in their previous presentation to Council staff indicated that they would require letters of endorsement from the larger affected property owners in this area. As those letters came in, there was still some concern with some of the language. A revised version of the agreement was received late this afternoon, and it apparently has the support of the property owners. In order to allow staff time to review the revised agreement, he is requesting that Council table the ordinance. Mrs. King moved to table Ordinance No. 69-94 until the September 12 Council meeting. Mrs. Boring seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. 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. (Third Reading) Mr. Hansley stated that the Service Committee reviewed this at their last meeting and recommended adoption by Council of this resolution. I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meetin DA LEGAL ®LANK ORM Held August 15, 1994 19 Vote on the resolution - Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. King, 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. (Second Reading) There was no further information from staff. There will be a third reading at the September 12 Council meeting. Ordinance No. 73-94 - An Ordinance to Accept the Lowest/Best Bid for the Britton Parkway Improvements Project, Revised July 1994, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Foegler stated that the City recently entered into a TIF agreement with Duke & Associates for the development and construction of the headquarters for John Alden Insurance. The design of those improvements is now complete. This will extend the existing Britton Parkway from its current terminus in Columbus through to Rings Road, and is part of the Coffman extension. Strawser Paving submitted the low bid on this project, and staff recommends that Council authorize the awazd of this contract. Regarding the need for emergency action, Mr. Foegler added that in the TIF agreement with the developer there is a deadline of mid-November to complete this improvement, and therefore emergency action is necessary. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Mr. Foegler clarified that a portion of the appropriations included is for other aspects of the TIF which include a utility relocation with the power company. Utility relocation was estimated at $35,000 and design fees are approximately $70,000. Vote on the motion -Mrs. King, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mrs. Boring, yes. Vote on the ordinance - Mr. Strip, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Zawaly, yes. Ordinance 74-94 - An Ordinance Accepting the Lowest/Best Bid for Certain Improvements Relating to the Construction and Development of Phase I of the Community Recreation Center, Appropriating Funds, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. i Mr. Foegler noted that this bid is for site work and related site improvements for the Community Center project. It includes the new bridge access road to the Center. Staff is requesting emergency action by Council on this bid in order to avoid winter construction delays. Igel Construction has submitted the low bid, and staff recommends acceptance of the bid by Council. ii Discussion followed about the reasons this ordinance was brought before Council for first reading tonight and the need for emergency action. Mayor Campbell explained that the ordinance could not be introduced until the bid documents had been prepazed. Mr. Foegler added that they have a very good comfort level with this particular contractor. Mr. Zawaly noted that the engineer's estimate was $1.1 million and the bid is $1.191 million and asked for some clarification. Mr. Foegler responded that there is a larger appropriation included due to the fact that this bid provides unit costs, and there is a series of other related site work that will likely be added to this that will not be bid as part of the second phase. He noted that final budgets for the rec center are being refined in light of these bid documents and of the latest level of detail design on the project. They will have an update for the next meeting. At this time, they are hopeful of having the total project estimate within the established previous budget. Mr. Kranstuber asked about the status of the copper roof. Mr. Zawaly stated that the roof was changed at the last P & Z meeting and will now have the same look without additional cost. The final color will be determined by staff and will be compatible with what was in the drawings. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting AY~ON L Held August 15, 1994 19 Mayor Campbell asked if the opening date is still set for the end of 1995, and Mr. Foegler responded that they are still on schedule to open at that time. Mr. Zawaly added that the date of the groundbreaking is August 31 at 7:00 p.m. Details are still being worked out. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Vote on the ordinance - Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Ordinance No. 75-94 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1994, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the ordinance. Mr. Foegler stated that the I & I reduction program emphasis will now be shifted from the public parts of the system to the private parts of the system. Staff has been working with the Service Committee to design this program. The request with this legislation is to reallocate portions of the sewer fund in accordance with the outline of the program for removal of I & I from the private parts of the system. The key point is that there will be no increase in costs with this program; dollars will simply be reallocated that had been established for capital repairs to the public part of the system. Mr. Foegler commented that they will continue to work closely with the Service Committee on the design of the program, and updates will be provided to Council. Mrs. King, Service Committee stated that the Committee recommends approval of this legislation. Mr. Zawaly moved to waive the three-time reading rule and treat this ordinance as emergency legislation. Mayor Campbell added that the reason for the emergency is to continue to comply with EPA requirements.. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes, Mr. Kranstuber, yes. Vote on the ordinance -Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mayor Campbell, yes. i Ordinance No. 76-94 - An Ordinance Authorizing an Advance from the General Funds to the Safety Solutions Tax Increment Financing Fund, Appropriating Funds, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. i' Mr. Foegler stated that the City had done a TIF in conjunction with the development of Safety i~ Solutions, and additional improvements are now necessary from what was earlier anticipated. It is j still fully consistent with the five-year payback provision represented to the school district. Staff recommends that Council approve the additional appropriation. Mrs. King moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes. Vote on the ordinance -Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Zawaly, yes. Ordinance No. 77-94 - An Ordinance Providing for a Change of Zoning of 7.920 Acres of Land Located on the Northwest Corner of Perimeter Drive and Wilcox Road from: PCD, Planned Commerce District to: PLR, Planned Low Density Residential District. (Perimeter Center Subarea I~ (First Reading) (Applicant: Christopher T. Cline, representing Triangle Investment Co., 37 W. Bridge Street, Dublin, OH 43017) Mr. Kranstuber introduced the ordinance and moved that it be referred to Planning and Zoning Commission for their review. Mrs. Boring seconded the motion. i II RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meetin DAYT N LEGAL U NK R 1 Help August 15, 1994 19 Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mr. Strip, yes. Ordinance No. 78-94 - An Ordinance Accepting the Lowest/Best Bid for the Resurfacing of the Coffman Park Tennis and Basketball Courts and Authorizing the City Manager to Enter into a Contract for Completion of the Project. (First Reading) Mr. Strip introduced the ordinance. Mr. Hansley stated that staff is recommending the low bidder and asked that it be held over for a second reading. Mr. Strip asked when this resurfacing was last done. Ms. Jordan responded that since she has been here they have had a recoating of the courts, but have never had a major resurfacing. Mrs. Boring asked if this contractor has done business with the City previously or if references were obtained. Ms. Jordan stated that the contractor has not done business with the Ciry, but recently completed a major contract on the tennis courts for Upper Arlington Parks and Recreation. All references were checked by staff as well. Mayor Campbell added that the City delayed resurfacing the courts due to the possibility of the courts being eliminated with the rec center. Since they will remain in this location, the costs of resurfacing can now be justified. Mr. Zawaly asked if this legislation is the second part of the improvements for the tennis courts which also included lighting. Ms. Jordan responded affirmatively. She added that staff will request passage by emergency at the time of third reading to ensure completion of the work before the onset of cold weather. Ms. Jordan also confirmed that the project will be within the budgeted amount request in the capital appropriations. There will be a second reading at the September 12 Council meeting. Ordinance No. 79-94 - An Ordinance Appointing a Member to the Board of Zoning Appeals of the City of Dublin, Ohio, and Declaring an Emergency. (First Reading) Mr. Zawaly introduced the ordinance. Mrs. King stated that the vacancy on BZA was created when Ken Parker moved back to North Carolina. She is nominating Jim Sprague, current chairperson of the Cemetery Commission, to serve on the Board of Zoning Appeals. Mr. Sprague is an attorney who currently serves as Executive Director of the Personnel Board of Review. She moved to appoint James R. Sprague to the Board of Zoning Appeals to serve the remainder of the term held by Ken Parker. Mr. Zawaly seconded the motion. Mr. Strip commented that, as a part of the nomination, Mr. Sprague would be asked to surrender his position on the Cemetery Commission to avoid serving in two posts simultaneously. Mrs. King responded that Mr. Sprague has agreed to do so and has also indicated a willingness to T complete the project currently underway by the Commission. She moved that the three-time reading rule be waived and that Ordinance No. 79-94, appointing Jim Sprague to the BZA, be treated as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mayor Campbell, yes. Vote on the ordinance -Mrs. Boring, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mayor Campbell, yes. Mr. Strip reminded Council that they must fill the Cemetery Commission within 30 days after the vacancy. If Council does not fill this vacancy in that time period, the Mayor must appoint a member. ~I RECORD OF PROCEEDINGS _ Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LE AL Held August 15, 1994 19 Ordinance No. 80-94 - An Ordinance to Appropriate a Fee Simple Interest in a .352+/- Acre Tract Owned by James Edwin and Teresa Ann Sheets Located on the East Side of Wilcox Road in the City of Dublin, Appropriating Funds Therefor, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance. Mr. Smith suggested that Ordinances 80-94, 81-94, and 82-94 be discussed at the same time since they aze all part of the same project. Ordinance No. 81-94 - An Ordinance to Appropriate a Fee Simple Interest in a 1.00 Acre Tract Owned by Rose Delay Located on the East Side of Wilcox Road in the City of Dublin, Appropriating Funds Therefor, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance. Ordinance No. 82-94 - An Ordinance to Appropriate a Fee Simple Interest in a 1.00 Acre Tract Owned by Ilda Delay Located on the East Side of Wilcox Road in the City of Dublin, Appropriating Funds Therefor, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance. Mr. Foegler stated that as part of the Southwest Area Plan, the City established the need for a major east/west collector in the southwest quadrant. For a variety of reasons, that was determined to be a roadway that was later known as the Woerner-Rings relocation which aligns the current Woerner- TempleRoad with a relocated Rings Road which passes to the north to make that alignment. Several rezoning actions that have been approved by this Council have secured portions of that right-of--way. There aze a few pieces that need to be secured by fee simple acquisition because they cannot be obtained through the rezoning and/or planning process. Part of the Delay family property was dedicated to the purpose of residential development, but was later determined to be necessazy for roadway purposes. There is now an opportunity to acquire the properties in question. It will require emergency action because the opportunities for providing alternate housing for one of the residents, who is an elderly woman who wishes to purchase property next to her son, has a rather limited window of opportunity. Because of this they ask Council to take emergency action to cazry out this appropriation so that staff can take action to acquire this property for roadway purposes. Mr. Kranstuber moved to waive the three-time reading rule and treat Ordinance No. 80-94 as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. King, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes. Vote on Ordinance No. 80-94 - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. ~ Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes. Mr. Strip moved to waive the three-time reading rule and treat Ordinance No. 81-94 as emergency legislation. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes, Mrs. King, yes. Vote on the ordinance - Mr. Kranstuber, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Strip, yes; ~ Mrs. Boring, yes; Mr. Zawaly, yes. Mr. Kranstuber moved to waive the three-time reading rule and treat Ordinance No. 82-94 as emergency legislation. Mrs. King seconded the motion. h Vote on the motion - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes. Vote on the ordinance - Mr. Kranstuber, yes; Mrs. King, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Boring, yes; Mayor Campbell, yes. Resolution No. 12-94 - A Resolution Authorizing the City Manager to Convey a Right of Way Easement to the Columbus Southern Power Company, which will Serve Safety Solutions, Inc. for the Purpose of Crossing City Property. (First Reading) Mr. Zawaly introduced the ordinance. Mr. Foegler stated provided background on the need for this easement in conjunction with the Safety Solutions project. He added that staff is not requesting emergency action at this time. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meetin N L~©AL tlLANK pM 1 Held_ August 15, 1994 19 There will be a second reading at the September 12 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 Ordinance) Mr. Hansley stated that staff has been actively working on this legislation. Meetings have been held with CSP. A recent case in the courts may have some minor impact on negotiations and delay the process. Reports from Council Committees Mr. Kranstubers Goal Setting Committee stated that the session previously discussed has now been set for the morning of Saturday, October 15. Mrs. King, Land Use. Planning & Economic Development Committee noted that she recently met with the Chamber of Commerce Economic Development Committee. Attending the meeting were the following: Terry Foegler, Dave King, Don Muccino, Jack Chaisson and herself. Mrs. Stillwell was out of town. Discussion continued at this meeting about a purpose clause for the partnership. The focus at this point is to make a determination of what the jobs are that need to be done -they aze actually identified quite well in the Mt. Auburn study. The Committee needs to develop some kind of matrix and Mr. Foegler has volunteered to draft this in the next few weeks. The matrix would contain the tasks and whose responsibility they would be -private sector or public sector. She noted that the Committee will meet at 8 a.m. on Thursday, September 8 at the 5800 Building. She acknowledged that there is a benefit to having elected officials present at the meetings, but envisions that this could evolve into a meeting between staff and the Chamber. She invited Council members to attend the meeting if they choose. Mayor Campbell noted that the Suddes Group has been retained by the Chamber to do some , background reseazch on issues. During an interview with a representative, Mayor Campbell told him that his concern was how the roles aze interrelated since the City has the responsibility for making the economic development incentive decisions. Incentives statutorily pretty much fall under Council's decision making process, but he noted that Council is also interested in having a paztnership type of azrangement with the Chamber in some way, shape, or form. Mayor Campbell has reviewed some materials from the NLC on economic development to help determine the roles of each entity. He believes that the Committee and the Chamber aze working in the right direction. He complimented Mrs. King for her hard work on the paztnership effort. Mr. Zawaly, Planning & Zoning Commission representative reported that a subcommittee is being established to address issues that have been raised by the public regazding the Jacobs Mall. He urged Council members to provide input to him so that their thoughts can be integrated into the subcommittee effort. He reported that another special P&Z meeting to review the mall has been scheduled for September 29. Comments From Staff I~ There were no comments from staff. Council Roundtable Mr. Zawalv stated: 1. He and Mrs. Stillwell have had several discussions and sent faxes to Council with regard to an effort to inaugurate a public information forum. Mrs. Stillwell and Mr. Zawaly have agreed to make a joint motion tonight, and he does so in her absence. He moved to have the City Manager, through the public information office, schedule and organize a public information forum called a town meeting whereby the civic and homeowners associations, businesses, neighborhoods, and group leaders would be invited, including the DCOC, the DCVB, the DAC, the DWC, and the public. The town meeting should be scheduled for sometime in September. Mrs. King said she would endorse that concept, but advocates adequate lead time for prepazation of slides, maps and other visuals to enhance the presentation. Mr. Strip seconded the motion. Following brief discussion, Mayor Campbell suggested amending the previous motion to designate RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting DAYTpN AL BLANK Held August 15, 1994 19 Mrs. Stillwell and Mr. Zawaly as an ad hoc Committee of Council to work with staff on the format and scheduling of the program. He suggested that October or November would allow more time for prepazation. Mr. Zawaly moved to amend the previous motion as Mayor Campbell has suggested. Mr. Strip seconded the amended motion. Vote on the amended motion - Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. King, yes. 2. Mr. Zawaly asked Ms. Puskazcik to comment on the August 31 Community Center groundbreaking plans. Ms. Puskazcik stated that plans aze to have the groundbreaking as close to the site as possible, with activities near and around the west shelter house. The intent is for this to be a community affair with entertainment and children's activities. The groundbreaking ceremony will last about 20 minutes, and the celebration will then move to the shelter house. Based on invitations, displays, balloon giveaways, refreshments, entertainment, decorations, and mementos for those involved, the budget will be about $3,500. Several members of Council shared their concerns about spending this amount on the groundbreaking and suggested that the money be spent instead on the grand opening celebration. Following brief discussion, Mayor Campbell suggested that Ms. Puskazcik plan the event and use her expertise to stage it. Mr. Hansley added that the input from Council is very helpful. Ultimately, since it is funded from r~ the ceremonial account, the Mayor and he have to approve the budget. He strongly agrees that the best place to spend the money would be at the dedication ceremony instead of at the groundbreaking. Mr. Zawalv further commented: 3. He commended the organizers of the CABA 14-year old World Series. Mayor Campbell gave a wonderful welcoming speech. Lou Chazobee and Dave Jordan have done a wonderful job with the event. Mrs. King reported: 1. Chief Bostic has informed her that Riverside Hospital has agreed to have the abandoned building on their property at 33 and Avery Road removed. This is scheduled within the next 30-60 days. 2. Doug Ayres of the MSI is presenting at the Ohio Municipal League annual meeting on Wednesday, September 28. She believes Mr. Hansley will be contacted to serve as a moderator. 3. MORPC has provided the Delaware County plans to her which she is willing to make available to staff. 4. She asked for an update on the graffiti issue. Chief Ferrell stated that they have seen a drastic decline overall in these incidents. They have cleazed a tremendous amount, particularly in the Muirfield azea. Mr. Hansley added that utility companies intend to repaint their own equipment. Columbus Southern w Power has offered to donate $500 toward the rewazd fund. Ea Mr. Kranstuber thanked members of Council for sending flowers to his family on the occasion of the birth of his daughter. Mrs. Borine commented that she enjoyed the Irish Festival and thought it was a great event. Mayor Campbell: 1. Noted in the staff memos the excellent report from traffic signal technician Gary Smith who is doing a great job. Thanked Mr. Kindra for coordinating the establishment of this much needed position. 2. Reviewed the Dublin Convention and Visitors Bureau report and was intrigued by responses from many visitors who mentioned how they enjoyed visiting the historic district. This may indicate the importance of establishing a town center as previously discussed. 3. Commented that he was impressed with the CABA World Series which drew talented players RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK CO. FORM N 1 I ' Held August 15, 1994 19 from around the country. These kind of events help to promote the City. 4. He recently took a tour of the Coffman House and encouraged others to do so. The house is reminiscent of Williamsburg, and he commended the Dublin Historical Society for their q. hard work in the updating. They plan to invite Council to take a tour in the near future. The meeting was adjourned at 10:40 p.m. Mayor residi g Officer i Clerk of Council i l I II