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HomeMy WebLinkAbout10/17/1994 RECORD OF PROCEEDINGS Dublin City Council Meeting Minutes of Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held October 17, 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, October 17, 1994. Mr. Kranstuber led the Pledge of Allegiance. i'' Members of Council present for roll call were: Mrs. Boring, Mr. Kranstuber, Mr. Strip, Mayor ~ Campbell, Mrs. King, Mrs. Stillwell, and Mr. Zawaly. Staff members present included Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Ms. Jordan, Mr. Lenz, Mr. Coleman, and Ms. Puskarcik Approval of Minutes of October 3, 1994 Meeting Approval of the minutes was postponed until the next meeting as they were not completed due to the clerk's absence. Correspondence The clerk reported that two notices were sent to Council regarding liquor permit issuances: 1) a transfer of a DSA, D6 permit from Courtyard by Marriott Limited Partnership, 5175 Post Road to Courtyard Management Corp. DBA Courtyard by Marriott at the same address; and 2) a new D3, D3A permit for Abner's Country Restaurant, Inc.. at 6860 Riverside Drive. There was no objection to Council regarding the transfer of the Courtyard by Marriott permit; Council would like more information regarding the Abner's permit. Council requested that staff I obtain information from the Department of Liquor Control about the number, type and status of permits in the City of Dublin for the next Council meeting. I Comments From Visitors Catherine Headlee, 7340 Brand Road, addressed Council stating that the contractors working on the sewer line on Brand Road have been trespassing on her property with equipment, etc. They have been using her driveway as a turnaround. I Mr. Foegler responded that this contractor has been hired by Jefferson Savings since the sewer is I~ ~ being privately funded and installed. The City of Dublin's responsibility would be to perform the I, normal inspections, but this is not a City capital project where the contractor is actually hired by the City. Mr. Foegler agreed to check with the City engineer and contact Mrs. Headlee tomorrow " ~ morning about this situation. Legislation ~ 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 H) (Public Hearing) (Applicant: Triangle Investment Company, c/o Christopher T. Cline, 'i i 37 W. Bridge Street, Dublin, OH 43017) ~ Registered proponents were Chris Cline, 37 W. Bridge Street and Jeri Van Natta, 6146 Perimeter I,; Lakes Drive. There were no registered opponents. I' Ms. Clarke noted that this area was zoned several years ago as part of the Perimeter Center zoning. It was zoned at that time for institutional uses -elderly housing -under the Planned Commerce District. The site consists of 8 acres and the proposal is for 52 condominium units. She showed I, slides and made the following comments about the proposal: 1. There will be 13 buildings at the southeast corner of Wilcox and Perimeter and a community building with a pool. 2. This is a private street system with two curb cuts onto Perimeter. ~I' 3. There is a bikepath that extends southward from Post Road along the west side of Wilcox which crosses to the south side of Perimeter. 4. There will be 4 units per building of 2-3 bedrooms each. The overall proposed density of the project will be 6.5 dwelling units per acre. The units will have at least aone-car garage each. I Planning Commission approved the rezoning in September with 12 conditions: ~ 1. That the applicant install a bike path along the west side of Wilcox. 2. That the time period for reversion back to the original zoning classification in the sunset clause be reduced to six months. She noted that if the applicant is unable to close the deal i on this project, he would like to maintain his PCD zoning for institutional uses. 3. All building materials to be chosen from the existing Perimeter Center palette and be subject to a field match by the staff. 4. That the southernmost proposed curb cut on Perimeter Drive be relocated and aligned with the existing curb cut at the Perimeter Veterinary Hospital. ~ 5. That all private streets be built to current City standards, and that cross-sections be submitted subject to approval and review by the City engineer. 6. That a revised landscape plan including grading be submitted that includes a four foot mound . RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held October 17, 1994 19 along Perimeter Drive with street trees on fifty foot centers and all other requirements. 7. That a parkland fee of $61,380.00 be paid by the applicant prior to the issuance of a building permit or a recording of the final plat as appropriate. She explained that in this case, the site would have been subject to the maximum dedication, which would have been 25% of the land area or 1.98 acres. Under the current ordinance, this would yield the $61,000 figure. 8. That the development plan must include an appropriate lighting plan which meets the Dublin lighting guidelines as well as the Perimeter Center text requirements. 9. That a condominium declaration be submitted for review prior to construction or filing of the final plat, whichever comes first. 10. That the private water main be utilized for the development with the master meter located within the right-of--way of either Wilcox Road or Perimeter Drive. 11. That the final plat be provided for this development indicating the location of public and private easements, vehicular access restrictions, no-parking restrictions, maintenance responsibilities for utilities and streets as approved by the City engineer. 12. That the site plan be approved by the fire. department regarding placement of fire hydrants and turning radii. She noted that the application was approved by Planning Commission by a vote of 4-2. Council has been provided with minutes in the packet from previous actions of Council and Planning Commission. Mrs. King asked Ms. Clarke to clarify whether condition #5 requires the developer to install curb and gutter. Ms. Clarke said she understood that it required curbing, but not that it required gutters. Her understanding from the City engineer is that there are some instances when an inverted crown or center drain can be used rather than the gutter. She was not involved in discussions between the City engineer and Mr. Cline. Mrs. King stated that she has concern about the parkland fees of $61,000 set for this property in view of the value of the land. This rezoning will take huge financial advantage of the City's parks and greenspace ordinance. If the City were to insist on dedication of the greenspace, its value would be in the market range of $200,000. Mr. Kranstuber noted in regard to condition #6 that discussion had taken place at P&Z regarding additional landscaping over and above that included in the plan. He asked if this was reflected in the condition. Ms. Clarke responded that the revised landscaping plan includes the additional landscaping. Mrs. King expressed concern that this rezoning does not advance the adopted policy of the City under the Economic Development Strategy. Ms. Clarke responded that there would not be a substantial change with this rezoning. The economic development profile would be very similar with both land uses. Mr. Strip commented that residential zoning requires more City services than commercial. He does not support conversion of commercial property into residential. Chris Cline. 37 W. Bridge Street, stated that this zoning will be of higher quality than the existing zoning, as the density will change from 15 units per acre residential down to 6.5. The present zoning has no material requirements, but the proposed zoning will be mostly brick. He assured Council that the applicant has built 300 units similar to this product in Central ohio and only three . children live in all of those who are school-age. In regard to the parkland issue, they are complying with Code. Regarding the curbs and gutters, the City does not have standards for basic driveways in an apartment complex. Mrs. King referred to the September 8 staff report which mentions professional office use -this is the basis of her concerns of whether this rezoning carries out the economic development strategy. If Mr. Cline states that there are no City standards, how then can the City sign off on something so vague? If this is a popular product, it should be built in a more appropriate location with a condition restricting the age of residents to those 55 years and older. Mr. Cline responded that it is not possible to obtain financing with that type of limitation unless it is a nursing home. He added that the proposed zoning is an improvement over the previous zoning, and there is no guarantee that the City would have office buildings under the present zoning. He further noted that they have met with all of the Perimeter area businesses and received their endorsements. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 3 Meeting DAYTON LEGAL BLANK Held October 17, 1994 19 Jeri Van Natta. business manager of Perimeter Lakes of Dublin, stated that they fully support the development that Mr. Cline is proposing tonight. They believe it will enhance the quality of living not only in the area, but also for the residents that live at the Lakes. Mrs. Stillwell commented that she would like additional information prior to the next Council meeting about the economic impact of the proposed zoning versus the current zoning. She would also like more clazification on the private street aspect, the curb and gutter and inverted sewer. Mr. Cline noted that they have no plans for inverted crown streets. There will be a third reading at the November 7 Council meeting. Ordinance No. 51-94 (Amended) - An Ordinance Amending the Codified Ordinances of Dublin, Ohio by Adding Chapter 167 Establishing a Fee and Service Charge Revenue/Cost Comparison System. (Amended) (Third Reading) Mr. Strip noted that the Finance Committee of the Whole has completed their review and changes have been incorporated into the amended ordinance. Mr. Smith recommended that Council make a motion to amend the ordinance per the recommendations of the Finance Committee as incorporated into tonight's draft. Mr. Zawaly moved to amend the ordinance per the recommendations of the Finance Committee. Mr. Strip 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. Vote on the ordinance - Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. Ordinance No. 87-94 - An Ordinance Requesting Approval to Change the Name of Avery Road (between Route 161 and Muirfield Drive) to Avery-Muirfield Drive in the City of Dublin, Ohio. (Third Reading) There were no further comments from Council or staff. Vote on the ordinance -Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Ordinance No. 90-94 - An Ordinance Providing for the Issuance and Sale of Not to Exceed $1,185,000 Bonds for the Purpose of Paying the Property Owner's Portion, in Anticipation of the Levy and Collection of Special Assessments Heretofore Levied, of Costs of the Improvement in the City of Tuller Road and Village Parkway Between Certain Termini by Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Bikeways and Viaducts, Acquiring Real Estate and Interest in Real Estate Therefor, and Providing Lighting Systems and all Other Necessary Appurtenances, and Declaring an Emergency. (Tuller Road Improvements) (Second Reading) Mr. Hansley reminded Council that staff has requested emergency action tonight because of the timing of the debt issuance. Randy Loebig, National City Investments Capital, provided a brief explanation to Council about the state of interest rates. Ms. Grigsby added that the legislation must be effective prior to pricing of the bonds on Thursday. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Boring seconded the motion. 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. Vote on the ordinance - Mr. Strip, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, yes. Ordinance No. 91-94 - An Ordinance Providing for the Issuance and Sale of Not to Exceed $780,000 in Bonds for the Purpose of Paying the Costs of Constructing, Reconstructing, Extending, Opening, Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Bikeways and Viaducts, Acquiring Real Estate and Interests in Real Estate Therefor, and Providing Lighting Systems and All Other Necessary Appurtenances, and Declaring an Emergency, (Coffman Road Extension -Rings Road to Britton Parkway) (Second Reading) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLA K Held October 17, 1994 19 Mr. Hansley noted that this ordinance involves the Coffinan Road extension from Rings Road to Britton Pazkway. Staff is requesting emergency action tonight. Mrs. King moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mrs. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. , Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes. Vote on the ordinance -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes. Ordinance No. 92-94 - An Ordinance Providing for the Issuance and Sale of Not to Exceed $4,100,000 Bonds for the Purpose of Improving the Municipal Water System by Constructing an Elevated Water Storage Tank and Water Mains and Installing Fire Hydrants, Together with All Necessary Appurtenances, and Declaring an Emergency. (Rings Road/Blazer Parkway Water Tower) (Second Reading) Mr. Hansley stated that this ordinance involves .the new water tower which is nearly completed. Staff is asking for emergency action tonight. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Boring 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; Mrs. Stillwell, yes. Vote on the ordinance -Mrs. King, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. Stillwell, yes. Ordinance No. 93-94 - An Ordinance Providing for the Issuance and Sale of an Amount not to Exceed $40,000 Bonds for the Purpose of Improving and Renovating an Elevated Water Storage Tank, and Declaring an Emergency. (Rings Road/Blazer Parkway Water Tower) (Second Reading) Mr. Hansley said this ordinance involves the custom painting on the new water tower to make it . compatible with the surrounding commercial buildings. Mrs. King moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes. Resolution No. 16-94 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 2.685+/- Acres from Washington Township, Franklin County to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code, and Declaring an Emergency. (Second Reading) (Applicant: Mazjory R. Schneider, 6775 Dublin Road, Dublin, OH by agent Christopher T. Cline, 37 W. Bridge Street, Dublin, OH) Mr. Hansley states that this resolution provides a statement of services which will be provided by the City if the annexation is later approved by Council. The emergency language has been added because this resolution must be effective prior to the hearing by the Franklin County Commissioners on November 2. Mr. Smith stated that Mrs. King's statements at the last Council meeting about the adjacent property were correct. The adjacent property is now owned by Gary Gray who has indicated a willingness to be annexed to the City of Dublin. Although Mr. Cline would be willing to amend his client's petition, he would like to make a statement to Council tonight. y Chris Cline. attorney. 37 W. Bridge, stated that his client's well is going bad, and amending the annexation petition would delay the procedure for his client. Mr. Cline has committed to Mr. Smith that he will act as agent for Mr. Gray at no cost provided that Mr. Gray pay the costs of advertising and engineering work for the annexation of his property. Mrs. Stillwell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Vote on the resolution - Mr. Strip, yes; Mrs. Stillwell, yes; Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mayor Campbell, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 5 Meeting DAYTON LEGAL BLANK Held October 17, 1994 19 At this point, Mayor Campbell noted that Mrs. Boring had expressed concern that Ordinance No. 94-94 which involves the bonds for the Community Recreation Center had been removed from the agenda. Mayor Campbell stated that this ordinance would be acted upon by Council under the "Other" portion of the agenda in conjunction with discussion of the Community Recreation Center. Mr. Smith added that Mr. Foegler has advised Council that the bids on the Center greatly exceed the engineer's estimates. He recommended that Council delay action on this ordinance until after the discussion under the "Other" portion of the agenda. Resolution No. 17-94 (Amended) - A Resolution Urging the Governor to Assign a Higher Priority to the Widening of the I-270 North Outerbelt between Dublin and Westerville, to Allocate State and Federal Funds for the Construction of the Widening Project, and Declaring an Emergency. (Second Reading) Mayor Campbell noted that there is an amended document in the Council packet for discussion. Mrs. King noted that she believes the title of the ordinance should be amended to assign "the highest priority" to the widening project. The other amendments reflect her efforts to add language regarding the economic development strategy adopted by Council. Mrs. King moved to amend Resolution 17-94 to include the amendments submitted on this version and to further amend the title to read, "A Resolution Urging the Governor to Assign the Highest Priority to the Widening of the I-270 North Outerbelt between Dublin and Westerville, to Allocate State and Federal Funds for the Construction of the Widening Project, and Declaring an Emergency" . Mrs. Stillwell seconded the motion. Mrs. Boring asked if the improvements to the Sawmill/270 interchange would also become a priority with this project. Mrs. King responded that she believes that the interchange improvement is included in this project. If not, she and Mrs. Stillwell will advocate that it be included. She assured Council that she and Mrs. Stillwell will continue their work on this project until it receives the priority it deserves. Vote on the motion - Mr Zawaly, yes; Mrs. Boring, yes; Mr. Strip, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes. Mrs. Stillwell stated that Section 3 indicates that the widening project is critical to the continued economic growth and therefore a health, safety and welfare issue. She moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes. Vote on the resolution - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mrs. Boring, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. King, yes. Ordinance No. 95-94 - An Ordinance Waiving Competitive Bidding as to the City's Stream Cleaning Project and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. Mr. Hansley noted that Council has previously passed legislation to clean up 72 critical areas within the stream system of the community. Staff designed the program and received only one bid that was ~.s„ two or three times higher than the engineer's estimate. There was difficulty in defining the scope of services for the project. Staff has now opted to propose several smaller scopes of services instead of one master contract. Staff is also requesting passage by emergency because they believe the most effective time to do stream cleaning is prior to the heavy rains in spring. Mr. Strip commented that he would like to see a cap on the entire project. Mr. Hansley said this has been done already by appropriating $80,000 to the budget. The total project is estimated at $200,000 maximum. Mr. Strip initiated discussion of whether land owners have responsibility for maintenance of a stream that crosses their property. Mr. Smith responded that both the land owner and the City have a responsibility. Flooding problems have occurred in both private and public areas of the stream. This study narrowed the area down to the most critical ones in need of maintenance. In terms of risk management, he believes Council agrees that this is a serious problem. Now that the problem areas have been identified, the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting DAYTON LEGAL BLANK Held October 17, 1994 19 City has a higher level responsibility for solving the problem. Mr. Strip acknowledged that the land owners are not always at fault because problems are sometimes caused by upstream clutter. The bottom line is that the City is providing a very high level of service to the residents and taking on a project that needs to be done and which will benefit all. Mr. Hansley added that the streams also serve as the community's storm water system. Residents do not have the heavy equipment necessary to clean up the major problem areas. The concept of approaching this with small contracts is exactly what the City has done with the sanitary sewer problems. Mr. Zawaly asked if there has been a similar circumstance where the City has taken on the same level of services for a problem that impacted private owner rights as well. Mr. Foegler responded that in terms of impacting owners' rights, yes. In terms of taking what might be viewed as a private property owner maintenance obligation, probably not. The sanitary sewer system repairs over the last 3 to 4 years have required the cooperation of adjacent property owners in getting on the site. He added that the master stormwater study is underway and requests for proposals will be sent out very soon. From that master stormwater study, a comprehensive maintenance policy will be recommended to Council. The current repairs proposed with this legislation are critical ones that should be undertaken at once. Mr. Zawaly expressed concern about establishing a precedent. He would like staff to review the appropriateness of legislation requiring all owners who bear some repair responsibility for these streams to contribute to some type of maintenance fund. Mr. Hansley offered that the City of Upper Arlington has adopted acity-wide stormwater utility where a modest fee is assessed to every property in the City to fund maintenance for the system. Mrs. King stated that she introduced this ordinance to get discussion started, but she is opposed to it in its current form. She would endorse stream management which recognizes that streams are a system, and not just a chute for moving water. Staff has made an effort to reflect this in the RFP for the stormwater study, but failed to meet with Dan Mecklenberg, a stormwater engineer for ODNR prior to introduction of this legislation. She recommends that Council delay action on the legislation until after this meeting which should help more clearly define how the cleaning will be done. There is a liability issue associated with reshaping the channels in the stream and affecting downstream areas as much as a liability associated with ignoring the problem which could result in the washing out of a bridge. Mr. Strip asked if she was suggesting that this ordinance be treated as a first reading only tonight. Mrs. King replied affirmatively. Mr. Hansley pointed out that there are two sides to this issue: complaints from people when the stream cleaning is not done and comments from those who want the streams left undisturbed. It is a balancing act that only policy makers can referee. Staff has recommended the program and the Service Committee has reviewed it. Staff is recommending passage tonight because an additional three week delay will hamper completion before spring. Mrs. Boring expressed concern about private citizens destroying the natural balance of the streams in their cleaning efforts. She supports having a second reading of the ordinance. Mr. Kranstuber asked if consideration was given to using current staff and equipment to take care of the more critical situations. Mrs. King responded that staff is already fully committed to other projects at this time of year. Mayor Campbell clarified that this ordinance calls for abandoning the bidding process already underway, and authorizes the staff to address these problems on an item by item basis. He asked if Council is planning to direct staff to give any different direction at a second reading. Mr. Hansley added that passage tonight will allow staff to define the scope of several contracts and to get competitive quotes on these. He added that the meeting with Mr. Mecklenberg this week is designed to get a sense from him of how he would manage the stream cleaning differently from what is being proposed. Some of his suggestions have been incorporated into the RFP for the storm water study. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 1014 Held October 17, 1994 19 Mayor Campbell suggested that staff proceed with defining the scope of services for the contracts prior to the next meeting of Council, anticipating passage by Council at the next meeting. There seems to be enough support from Council for the legislation, but Council will likely be more ~ ~ comfortable with some preliminary legwork being done by staff. Mrs. Stillwell agreed that this legislation deserves appropriate care and concern because it is a stream ' ~ management issue rather than just clean-up. At the same time, she has concerns that delaying this will be detrimental. She suggests that staff concurrently move forward on this, using Mr. Mecklenberg as a consultant where appropriate. Mr. Zawaly stated that he assumes that in most instances they will be entering private property and ' that all the legal ramifications have been reviewed. Mr. Smith responded that the property owners would sign off on the project. ' Mr. Zawaly clarified that he did not mean to suggest earlier that private citizens should undertake ~i the stream management themselves. He is concerned about the overall cost of true stream management and whether or not it is something enjoyed by the entire city. ' In the absence of a motion for emergency action, Mayor Campbell noted that the ordinance will be held over for second reading at the November 7 Council meeting. In the meantime, he is hopeful that staff would do some of the initial investigation on alternative methods to deal with this situation. i Ordinance No. 96-94 - An Ordinance Accepting the Lowest/Best Bid for 7 A.C./D.C. Powered Modems and Authorizing the City Manager to Execute a Contract for the Procurement of Said Equipment. (First Reading) Mr. Strip introduced the ordinance. ! Mr. McDaniel reported that Mr. Harding had provided a memorandum detailing the ordinance. ' Mr. Zawaly stated that neither the charter nor the Ohio Revised Code recognizes the sole source as valid justification for municipal corporations to waive formal advertising and competitive bidding procedures. He asked if anyone is aware of charters that do? ' Dan Sutphen, 5832 Level Links Drive reported that in the states of Georgia and Florida, his company has sole source contracts from numerous cities. They receive a contract at the beginning of the year, and if the city decides to buy throughout the year, they do so without going to bid. Mr. Zawaly stated that Council is currently undertaking a charter review and revision process, and he would appreciate any information Mr. Sutphen can provide. There will be a second reading of the ordinance at the November 7 Council meeting. ~ Ordinance No. 97-94 - An Ordinance Appropriating Funds for Landscaping in Conjunction with the Metatec Tax Increment Financing Project and Declaring an Emergency. (First Reading) Mayor Campbell introduced the ordinance. Mr. Foegler stated that the City entered into a tax increment financing agreement as an economic :i inducement in conjunction with the major expansion taking place at the Metatec facility. The City's defined public improvements for that project included a Perimeter Road extension as well as a major , landscape improvement along Post Road that was actually a zoning obligation with that development. ' A majority of the City's improvements will not be constructed until the spring of 1995. In the meantime, Metatec has. completed their addition and part of the improvements that the City agreed i to fund now need to be landscaped. A minor appropriation of $7,500 for the City's obligation of landscaping of the mound is necessary at this time. In order to meet their timeframe for completion, emergency action is necessary on the legislation. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Mr. Zawaly then moved to make a minor amendment in Section 1. It should read, "that there be advanced" rather than "there ~ advanced" . Mr. Strip seconded the motion. Vote on the motion to amend - Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LE AL BLANK Helcl October 17, 1994 19 Vote on the motion to waive the three-time reading rule and treat as emergency legislation -Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Vote on the ordinance -Mrs. King, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Strip, yes; Mr. Zawaly, yes. Ordinance No. 98-94 - An Ordinance Waiving the Dublin Portion of Sewer and Water Tap Fees as an Economic Development Incentive for an Office Building Project Under Construction in the City of Dublin and Appropriating Funds to Reimburse the Water and Sewer Funds. (First Reading) Mayor Campbell introduced the ordinance. Mr. Foegler noted that concerns had previously been raised during the sewer and water rate studies about some of the tap fees for desirable types of economic development activity. Council made it very clear at that time that for these types of targeted economic development activity, this body would be willing to waive tap fees where they felt it was appropriate to encourage economic development. In conjunction with the TIF agreement with Duke & Associates for the John Alden facility, John Alden agreed to an occupancy and employment of 60 percent of that building. The remaining 40 percent was to be leased out on a speculative basis. John Alden has now approached the City and indicated that they are willing to commit to 100 percent occupancy of the building. In exchange for the commitment, they are asking that the City waive its portion of the sewer and water ~ tap fees. The cost of this will be approximately $70,000 to $80,000. More specific numbers on employment growth will be provided at the next reading. The other aspect of this ordinance is to then reimburse the sewer and water funds. With the income tax produced by this project, the payback for this agreement is estimated at three months or less. All of this additional information will be provided at the next reading. Mr. Strip questioned the justification for granting a waiver in this case. The City will collect the income tax regardless of who occupies the building. Mayor Campbell stated that a subsidiary of John Alden will occupy the other 40 percent of the building which will generate instant income tax for the City as it will be 100 percent occupied upon completion. Mr. Foegler clarified that a subsidiary of John Alden will occupy this portion plus some consolidated entities. He emphasized that whether or not Council chooses to approve this waiver, the project will continue and odds are the consolidation will take place. He explained that when the financial analysis was done for the project by Duke Associates, they based their figures on costs of the Xerox building. Dublin's tap fees increased dramatically in that interim, creating an additional $70-80,000 in costs which were not included in their negotiations. He added that the total amount of income tax generated by the John Alden project is in excess of $400,000. Staff is continuing efforts to encourage Duke & Associates to focus on the Dublin market for future projects. Mayor Campbell commented that the long-term effort is to encourage economic growth as well as retention in Dublin. Mrs. Stillwell agreed, but added that there are future costs to this and Council needs to consider carefully the precedent being set. Mr. Strip added that he would view this as an inducement to build additional projects in Dublin. There will be a second reading of the ordinance at the November 7 Council meeting. Resolution No. 18-94 - A Resolution Authorizing the City Manager to File an Application and Enter into an Agreement with the Central Ohio Area Agency on Aging for the Purpose of Acquiring Funds Through Ohio Department of Aging, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the resolution. Ms. Jordan said the Department on Aging allocates funds for new construction on an annual basis and this application is for funds released in fiscal year 1995. The maximum allocation is $50,000. The deadline for the application for the grant is October 27. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting DAYTON LEGAL BLANK ~ Held October 17, 1994 19 Mr. Zawaly seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. Strip, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Vote on the resolution -Mrs. King, yes; Mrs. Stillwell, yes; Mr. Strip, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes. Resolution No. 19-94 - A Resolution of Intent to Appropriate a Temporary Construction Easement in a 1.000 Acre Tract Owned by Jack Strader and Ruth E. Strader, Located on the South Side of Brand Road and West Side of Ashbaugh Road, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Mrs. King introduced the resolution. Mr. Foegler said that as a condition of the rezoning of Bristol Commons, the developer was required to construct alert-turn storage lane on Brand Road for the entry into Bristol Commons. The developer has demonstrated that he has used his best efforts to acquire a construction easement on this property and that the entry has been designed to minimize its impact on adjacent property owners. The City's legal department has also been negotiating with this property owner for over a year, without success, to secure a temporary construction easement without success. The project is coming to completion and the developer will reimburse the City for its cost of any appropriation. Mr. Smith briefly summarized the need for emergency action in an appropriation process. He confirmed that neither the developer nor the legal department has been able to work out a temporary easement with the land owner. Mr. Zawaly moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Strip, yes; Mrs. Boring, yes; Mr. Zawaly, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes. Vote on the resolution -Mrs. Boring, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mayor Campbell, yes; Mr. Strip, yes; Mrs. Stillwell, yes. Tabled Ordinances/Ordinances Referred to Committee Mayor Campbell stated that Ordinance No. 17-94 is still on the table as staff is currently in negotiations with Columbus Southern Power. 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.) (Tabled at Third Reading) (Applicant: Sportmart, Incorporated, c/o Ben W. Hale, Jr., Smith and Hale, 37 West Broad Street, Columbus, OH 43215) Ms. Clarke stated that this ordinance was reviewed by Planning Commission again this month. Staff is requesting that Council schedule a third reading at their next meeting. Mrs. Stillwell moved to take Ordinance No. 33-94 off the table and set it for hearing at the November 7 Council meeting. Mr. Strip seconded the motion. 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. Other Final Plat - Wyndham Village Section 3 Ms. Clarke noted that this plat was reviewed by Planning Commission in August. She added that there is one update to information relating to condition #7. It has been the desire of the Ciry to expand the Avery Park woods. With this developer and with an adjacent rezoning, there is a parkland shortfall of approximately 1.5 acres. The developer had that included within the plan on an adjacent parcel -the Erwin parcel. The Erwin rezoning will be scheduled for public hearing in November. Staff would prefer that the cash contribution be made up in land donation, specifically in that woods. The developer has agreed to do so. She stated that this plat consists of about 15 acres which is the westernmost section of the Wyndham Village subdivision. It is currently zoned PLR with 80 foot lots. There are 38 lots in this section. The lots abut a middle school site which was also part of the Wyndham Village subdivision. There are two bikepath easements that will connect through the subdivision. Planning Commission recommended approval in August with 7 conditions: RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BL4NK Held October 17, 1994 19 1. That the plat be revised to indicate no pazking zones. 2. That the final plat be revised to indicate a sidewalk between Wyndle Court and the middle school and a sidewalk between Wyndburne Drive and the middle school and that those should be placed within easements. 3. That the plat be revised to indicate 50 foot no-build zones on the backs of several lots. 4. That street trees not be installed until after certificate of occupancy is issued by the City for individual homes or that the one yeaz guazantee period does not start until that certificate of occupancy is issued. 5. That the final plat be revised to indicate truncated right-of--way at all intersections. 6. That the plat be retitled "final plat." 7. That the cash contribution be made by the applicant to the City in the amount of $49,352. Ms. Clazke added that this is the specific condition where it should be understood that staff would rather obtain the land somewhere else, as she has previously explained. The applicant has agreed to all conditions. This plat was approved unanimously by Planning Commission with all members present. Mr. Kranstuber asked for clarification about bonding for the bikepaths. Ms. Clarke responded that her understanding was that the applicant wished to put up a bond so that in the event the school wasn't developed, they wouldn't have those connections. During the application process the school system became more certain that the middle school site was indeed going to be constructed, and the elementazy site that they aze acquiring next door would likely be constructed a lot later. Staff believed that these should go in at the same time as the streets. Ms. Clazke further explained that the final recommendation of the Planning Commission was not to hold that option open for a period of yeazs, but to have the bikepaths installed at the same time as the streets. When staff wrote the report, Condition #2, they specifically stated that the improvement m would be bonded for construction within the next three years with the requirement waived and bond returned if the middle school is not begun in that time period. When Planning Commission approved the plat, they dropped that phrasing. It was not included in their motion for approval. Mr. Zawaly noted that, by compazison, this could obviously infer that they aze to do it now. Ms. Clazke said there is a deferral included, so by implication, she assumed it would be done. Mr. Strip suggested making this a cleaz condition for purposes of clazification. Bill Westbrook. M/I Homes stated that his understanding from Planning Commission is that the bikepaths aze to be installed promptly. He committed that they will try to install the bikepaths in the next few weeks, weather permitting. Ms. Clarke suggested adding an eighth condition that says the bikepaths will be installed prior to signing the plat. Mr. Westbrook stated that he would prefer that the condition be tied to the certificate of occupancy because it gives him enough time to make sure it is done on time. The bikepath is shown cleazly on the plat. Mayor Campbell stated that people need to know if there is a bikepath to be installed prior to purchasing the lot. Discussion followed about how to proceed. Mr. Westbrook then suggested that the City not issue building permits for the four affected lots until the bikepaths aze installed. Mayor Campbell moved to amend the conditions of the final plat by adding an additional condition #8 which states that the building permits for lots 140, 141, 153 and 154 will not be issued until the bikepath shown on the plat is installed. 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. Mrs. King questioned condition #7, stating that if the City wants land from somewhere else and the applicant has agreed to this, why isn't it stated? RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 1l Meeting DAYTON LEGAL BLANK Held October 17, 1994 19 Ms. Clarke agreed. This was the record of action that came out of Planning Commission in August. What came out of the Planning Commission in October was a rezoning document Council will see next month for the Erwin property that includes an additional 1.5 acres of wooded area abutting the Avery Park woods. That is the specific place they would like the land contributed. The same developer is involved. Following discussion, Mrs. King moved to amend condition #7 of this application to indicate that the builder modify an existing letter of credit with the City to adequately secure the park obligation. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King; yes; Mr. Zawaly, yes, Mrs. Stillwell, yes. Mr. Zawaly moved to approve the final plat subject to the amended conditions. Mrs. King seconded the motion. Vote on the final plat -Mrs. Stillwell, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mrs. King, yes. Discussion of the Community Recreation Center Project Mr. Strip suggested that Ordinance No. 94-94 be discussed during this portion of the agenda so that it can be disposed of properly by Council. Mr. Smith noted that staff will recommend to Council that the ordinance be defeated by Council since it was introduced as a first reading at the last Council meeting. In regard to the ordinance awarding the bid for the Community Center, the ordinance was never introduced as it was removed from the agenda prior to tonight's meeting for reasons Mr. Foegler will address. Mr. Foegler explained that bids were opened on Friday for the Center and all bids significantly exceeded the official design estimate for the facility to the extent that, under State law and City practice, none of them could be awarded. All bids submitted exceeded the estimate by at least 25 percent. Investigation into the reasons for the variations is ongoing. He noted that: 1. The job was perceived similarly by a large number of contractors and therefore the numbers reflect the true cost of building the facility under the current design. 2. The next step, currently underway, is to get a good understanding of the components of those costs and look into possible modifications to bring the building closer into budget. 3. He recommends that they continue to work with the design firm to fully evaluate the possibilities, to understand the costs differences, and to come back to Council with a report that lists the options identified based on the modifications recommended. 4. Staff would also like to show Council where the City stands with the capital budget in order to provide a good understanding of the trade-offs they are in a position to make. Mr. Kranstuber commented that staff is assuming that modifications will be made to the building. Why isn't one of the options fulfilling the bid? Mr. Foegler responded that this will be an option, to build the building as designed with a refined budget estimate. The fast-tracked nature of this design required an extensive series of addenda and resulted in a level of uncertainty by subcontractors on some items such as steel. He noted that it was agreed in the beginning that if bids came in over 10 percent over the estimate that the redesign obligations were those of the design firm at their cost. He noted that staff will provide a complete analysis with options and alternatives costed out. Mr. Kranstuber asked about timeframes the consultant is working under. Mr. Foegler responded that the architects will provide a complete report with options and alternatives costed out by November 3. Staff will add to this capital improvements budgeting consideration to provide a complete picture for decision-making. Mr. Foegler also pointed out that if there are design modifications recommended, the window for the winter bidding is very narrow. Bids would likely be awarded in January for March construction. Mr. Kranstuber noted that it is distressing that 8 firms bid so closely and the design firm's estimates were so far off. He hopes that the firm is working very hard to resolve this situation. He would also like information from the City attorney about what kind of cause of action there may be against the design firm. This situation is clearly not acceptable. Mayor Campbell emphasized that the project will have to be rebid. It is also virtually certain that construction will not begin in 1994. Construction will likely start now in 1995 and the Center will probably not open until the spring of 1996. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 12 Meeting DAYTON LEGAL BLANK CO., F R Held October 17, 1994 19 Mr. Foegler noted that the official estimate as it was advertised was just under $9,000,000. The bulk of the bids came in at $11,300,000. The lowest bid was azound $10,900,000 for the base bid. He also noted that there will be significant discretionazy capital dollars shown in the next capital budget. The objective will be to show Council what some of the major projects aze and the volume of the discretionazy dollazs that they have so they can make an informed decision. Mayor Campbell suggested meeting an hour prior to the next Council meeting to review as a group the findings prior to the regulaz Council meeting. Mr. Kranstuber asked that the legal staff be present and prepazed to present the City's legal options. Mazk Bodien. Project Manager from Moodv/Nolan, stated that they have prepazed a letter based on their review of the bids and submitted this to Council tonight. He noted that bid conditions and the acceleration of the project in the design phase were important factors in the situation facing Council tonight. He proceeded to review the complete four-page memo with Council. Mr. Strip interrupted Mr. Bodien and stated that he would prefer to have a discussion instead of reading the memorandum to them at this point. He commented that the City had retained Moody/Nolan to be aware of all of the conditions being described tonight as contributing factors. They have cost the City 4 to 6 months already in delays. He is extremely upset that the bids aze so faz from the estimates. He does not believe that Moody/Nolan has done the job they were hired to do for the City. This situation will negatively impact all of the residents of the City of Dublin. Mayor Campbell is in agreement with Mr. Strip. Had the numbers been calculated properly ahead of time, the City wouldn't be going through another winter without a community center. At this point, the residents will be unable to use the Center for two more winters. He suggested that perhaps Moody/Nolan has strained their ability to take caze of current customers with the larger projects they have undertaken such as the Olympic building in Atlanta, the Miami University Center, etc. The firm needs to make the Dublin project their priority now. There will be many disappointed people in the community when they hear this news tonight. Mr. Zawaly stated that he was alazmed by his own quick analysis of these bid tabulations. He feels that the company needs to sit down with these numbers and analyze them, and it disturbs him that the company has not done this. The fluctuations in the bids aze horrendous. Mrs. King asked what commitment Moody/Nolan will make to Council and the citizens of Dublin tonight to redeem themselves and how the time this has cost the City as well as the money can be recouped? Mr. Bodien responded that they can only commit that if a decision is made at the next Council meeting when options are presented, they will immediately get those put out to bid as soon as possible. Mrs. Stillwell stated she doesn't caze what they have to do -she merely wants to see results that will benefit Dublin. Mr. Hansley asked for confirmation of whether Council has agreed to meet at 6:30 p.m. on November 7. Mr. Zawaly noted that the report will be ready on November 3 and recommended that Council refer this to the Pazks and Recreation Committee of Council to review the document on November 3. The other members of Council aze welcome to attend this meeting. Following brief discussion, Council members agreed to meet on November 3 as well as on ~ November 7 to review the Community Center project. Mayor Campbell confirmed that the Service Committee will meet at 5:45 p.m. on November 3 and the Parks and Recreation Committee of Council will meet at 7 p.m. on November 3 with the expectation that staff will have the input from the azchitects by that time. A work session will be scheduled by Council on Monday, November 7 at 6:30 p.m. prior to the 7:30 regulaz Council meeting. Ordinance No. 94-94 - An Ordinance Providing for the Issuance and Sale of Not to Exceed $7,000,000 Bonds for the Purpose of Paying Costs of Constructing, Furnishing and Equipping a Multi-Purpose Community and Recreational Center and Improving the Site Thereof, and Declaring an Emergency. (Second Reading) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 13 Meeting DAYTON LEGAL BLANK CO., RM Held October 17, 1994 19 Mr. Smith recommended that the appropriate action by Council would be a motion to add this to the agenda, a motion to treat it as emergency legislation, to waive the three-time reading rule, and then a vote to defeat it. Mr. Strip moved to add Ordinance No. 94-94 to the agenda. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Mr. Strip moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. King, yes; Mrs. Boring, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mr. Strip, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Vote on the ordinance - Mr. Kranstuber, no; Mr. Zawaly, no; Mrs. King, no; Mrs. Stillwell, no; Mr. Strip, no, Mrs. Boring, no; Mayor Campbell, no. 1995 Council Meeting Schedule Council reviewed the regular schedule of first and third Mondays of the month during 1995. Mayor Campbell suggested the following modifications to the regular meeting schedule: move the first meeting to January 9 due to the holiday on January 2; move the second January meeting date to January 27 because of the Martin Luther King Day on January 16; move the second February meeting date from February 20 (Presidents' Day) to February 27; cancel the meetin og_n July 3; move the September 4 (Labor Day) meeting to September 11; because of Dublin Schools spring break, and move the April meetings to April 10 and 24. Mayor Campbell then moved to amend the Council rules to allow for the change in meeting dates as noted above. Mr. Strip seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes. The 1995 meeting schedule is as follows: January 9, January 23, February 6, February 27, March 6, March 20, April 10, April 24, May 1, May 15, June 5, June 19, July 17, August 7, August 21, September 11, September 18, October 2, October 16, November 6, November 20, December 4, and December 18. Reports from Council Committees Mrs. Stillwell, Public Services Committee reported that the Committee met last week and reviewed the conversion of Caplestone Lane from a private street to a public street. They determined that this must be reviewed by Planning & Zoning Commission and it will be included on the P&Z agenda for November 10. P&Z will send a recommendation to Council. The Committee also discussed the Muirfield Drive resurfacing. The recommendation from the City engineer was that the roadway seems to be smoothing out with traffic. A study could be done for $3,000 to determine whether the contractor was within specifications, but questions remain about whether the problems were caused by the originally constructed roadway or by the resurfacing. The City engineer recommends waiting to restudy this issue when the weather is warm again. There is a bond/warrant with Strawser Paving. Discussion followed. Dan Sutphen, 5832 Leven Links commented that he contacted Mr. Kindra immediately after the resurfacing was completed to make him aware of the bumpy road conditions. It is a quality issue. Mr. Smith stated that he will discuss this issue with Mr. Kindra and get a recommendation. Mayor Campbell then moved to instruct the City attorney to meet with staff before any additional payments are made to Strawser Paving. Mrs. King moved to amend the motion to take appropriate action to bring the project up to the excellent product that the City requested. Mr. Campbell accepted the amendment. Mr. Strip seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 14 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Held October 17, 1994 19 Mr. Strip, yes; Mayor Campbell, yes; Mrs. King, yes. Mr. Strip, Finance Committee, noted that there are four budget meetings set for November and ~ materials will be provided to Council in the near future. Comments from Staff ' Ms. Clazke noted that Community Plan visioning sessions are set for Tuesday, November 1 from 7 to 9 p.m. at the high school; Wednesday, November 2 from 7 to 9 p.m. at the 5800 Building; i Thursday, November 3 from 5 to 7 p.m. at AT&T; and Tuesday, November 8 from 7 to 9 p.m. at the Church of the Redeemer Moravian on Sawmill. Ms. Jordan reminded everyone that the dedication of Field of Corn will beheld on Sunday, October 30 at 1 p.m. Council Roundtable Mrs. Stillwell: 1. Requested feedback on the goal setting workshop. She noted that it was a positive experience. The next session will take place on Saturday, November 12 and will include hot zone/cold zone visioning. Mrs. King: 1. Thanked staff who planned the goal setting workshop. 2. Distributed the strategic communications plan facilitated by Paul Werth and suggested that Council review the document for adoption on November 7. Mr. Kranstuber: r 1. Questioned the response sent to constituents in Waterford Village regazding no outlet signage installed on a cul-de-sac. He does not understand the procedure under which this sign was installed. He also questions the fact that there is no remed with Council for this situation. Y i 2. Noted that he agrees with Mr. Strip s and Mrs. King s memos regarding the ethics issued raised about keeping logs for personal use of facsimile machines. Mrs. Boring commented that she raised this issue since she wanted to use the fax machine for a personal long distance fax. She added that she is more than willing to keep a log and reimburse the : City for any personal long distance charges incurred. Mr. Zawaly commented that he is waiting for follow-through on installation of his fax machine at his home. Mr. Hansley responded that a consultant has been retained by the City to ensure installation of the machine. He will check with Mr. Harding on this matter. Mayor Campbell: 1. Commented that he will not use his City fax machine for long distance calls. However, he did think the tone of the memo was harsh in terms of the personal time and expenses incurred by Council members in service to the City. Mr. Hansley responded that Mr. Coleman had provided a memo to Council in response to an inquiry about policy on keeping logs for purposes of tracking long distance charges. Discussion followed. 2. Noted that COTA will have a demonstration of their new equipment at 7 p.m. prior to the next Council meeting and a presentation at 7:30 p.m. of their long-range plan. 3. Stated that a petition was sent to Council regarding acquisition of lands west of Shawan Falls ' and inclusion of this in the CIP. Mrs. Stillwell clarified that Council had previously passed a resolution directing Mr. Hansley to work in cooperation with the Nature Conservancy to look at the feasibility of this acquisition. Mr. Foegler clazified that he spoke with Mr. Frimerman regarding this issue. Mr. Frimerman is awaze that the grant options initially being pursued do not look viable. Mr. Foegler updated him on the development proposals in the area. Mr. Foegler suggested that Mr. Frimerman write a letter to Council requesting that this project be considered along with all of the other capital projects. This will be included in the master list of projects for consideration by Council. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 15 Meeting DAYTON LEGAL BLANK Held October 17, 1994 19 Mrs. King requested that staff send a written response to the petitioners on behalf of Council including: 1) letting them know to what extent the resolution passed earlier this year has been implemented; and 2) what the next steps beyond that are likely to be in fully implementing the resolution and dealing with this in the capital budget. Mayor Campbell agreed that a response should be sent by staff to the petitioners informing them of the process for the capital budgeting. 4. Noted that Dublin Counseling Center sent Council an invitation to a recognition dinner on Wednesday, November 9. Since Mayor Campbell was unable to attend, Mr. Strip volunteered to attend. 5. Commented briefly about the rewards of public service, noting that he attended a banquet several weeks ago and the honoree at the event stated, "You make a living by what you get, but you make a life by what you give." Mr. Zawaly urged that the fax machine issue be discussed at a later date and policies be set by Council regarding their usage. Mayor Campbell asked if there is still a need for the scheduled Executive Session due to the late hour. Ms. Clarke noted that staff was hoping to have an organizational meeting of the Community Plan Steering Committee this week, and therefore she would like to discuss steering committee appointments with Council tonight. Mrs. Boring moved to adjourn to Executive Session at 11:50 p.m. for discussion of personnel issues. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes. Mayor Campbell announced that Council will take no further action this evening, and therefore the meeting will not be reconvened following the Executive Session. The meeting was adjourned at 11:50 p.m. i Mao , Pr ding Officer Clerk of Council