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HomeMy WebLinkAbout11/21/1994 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK Held November 21, 1994 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Joel Campbell at 6:30 p.m. on Monday, November 21, 1994. Mayor Campbell noted that there is a personnel matter to be discussed in an executive session relating to steering committee appointments for the Community Plan. Mrs. King moved to adjourn to executive session for this purpose. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. Mayor Campbell noted that the regular meeting will begin at the conclusion of the executive session at approximately 7:30 p.m. Mayor Campbell reconvened the regular meeting at 7:30 p.m. Pledge of Allegiance Mr. Zawaly introduced Cub Scout Troop 299 of Muirfield Village who led the Pledge of Allegiance. Roll Call Council members present for roll call were Mrs. King, Mrs. Stillwell, Mayor Campbell, Mr. Kranstuber, Mr. Zawaly, and Mrs. Boring. Mr. Strip was absent (excused). Staff members present included Mr. Hansley, Mr. Smith, Ms. Grigsby, Mr. Harding, Mr. McDaniel, Ms. Jordan, Mr. Kindra, Ms. Clarke, Ms. Fierce, Chief Ferrell, Ms. Puskarcik, and Mr. Lenz. Approval of Minutes of November 7, 1994 Council Meeting Mrs. Stillwell moved approval of the minutes, and Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mrs. Boring, yes; Mrs. King, yes; Mr. Kranstuber, yes. Special Commendation Mayor Campbell displayed the "White Glove Award" recently awarded to the City of Dublin by the Solid Waste Authority of Central Ohio. Brett Oxley, representing the Service Department, accepted the award on their behalf. Correspondence The clerk reported that notice was recently provided to Council regarding the transfer of D5, D6 permits from Girardi's Restaurant, 6085 Memorial Drive to the Red Door Tavern to be located at 6360 Frantz Road. Applicant John Parsons. owner of the Red Door Tavern, stated that he is the owner of the Red Door Tavern in Grandview and plans to open another Red Door Tavern in Dublin on Frantz Road. The building is currently under construction. There was no objection from Council to the transfer of these permits. Mayor Campbell noted that Chief Ferrell had provided information to Council regarding the liquor permits currently issued within the City of Dublin. Mr. Smith commented that Nate Gordon, counsel for a recent liquor permit applicant has offered to attend the December 5 Council meeting to explain procedures regarding issuance of permits. Council members agreed to have a short presentation from Mr. Gordon at the beginning of the ~ December 5 Council meeting. Comments From Visitors There were no comments from visitors. Legislation Ordinance No. 112-93 - An Ordinance Providing for a Change of Zoning of 30.092 Acres of . Land Located on the South Side of the North Fork of Indian Run, Approximately 1,200 Feet West of Avery Road and Immediately West of Avery Park, from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (Erwin Tract) (Public Hearing) (Applicant: M/I Schottenstein Homes, Inc., Jeffrey Brown, c/o Smith & Hale, 37 West Broad Street, Columbus, OH 43215) Registered as proponents of the rezoning were Ben Hale, Smith & Hale, 37 W. Broad Street; Linda Menery, Bohm NBBJ, and Bill Westbrook of MI Schottenstein Homes. There were no registered opponents. Ms. Fierce showed aerial and ground slides of the site and briefly described the development proposal which was reviewed by Planning Commission at their October 6 meeting. The rezoning was approved by the Commission with 10 conditions: 1. That all floodway, floodplain, and floodway plus 20 feet information be indicated on plans and lots redrawn if needed at the time of preliminary plat submission in accordance with FEMA regulations; 2. That all park land be dedicated to the City by warranty deed with the recording of the final RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting DAYTON LEGAL BLANK Held November 21, 1994 19 plat. Recording fees are to be paid by the developer; 3. That all pavement, rights-of--way, utilities, stormwater management, cul-de-sacs, vertical alignments and street geometrics be designed to the satisfaction of the City Engineer; 4. That a tree survey be submitted to staff prior to the preliminary plat submittal, and lot lines, utilities and easements aze adjusted, if necessazy, to preserve trees; 5. That the text be clazified with language regazding tree preservation including snow fencing for tree protection during all phases of construction; 6. That the no-build zone along the west property line be widened to at least 30 feet, to the satisfaction of staff; 7. That contribution for the bridge across the north fork of the Indian Run be resolved to the satisfaction of the Development Director before this application is reviewed by City Council; Ms. Fierce noted that Mr. Foegler has indicated that the commitment made by the developer of 16 percent of the overall cost of the bridge is satisfactory to him. 8. That the detention basin be located within a stormwater management easement, to the satisfaction of the City Engineer; 9. That pedestrian access/bikepath issues be resolved at the time of preliminary submission; and 10. That the bikepaths be installed at the time of road construction and the location be to the satisfaction of the Parks Director. Mrs. King asked for clazification about condition #8. Ms. Fierce responded that a detention basin is shown on a lot and this basin must be contained within an easement so that the City has access to it. She added that this must also be recorded as an easement area so that the homeowner is aware that the easement exists. Mrs. King noted that this type of easement seems unusual and may have ramifications for a future homeowner. Mrs. Stillwell noted that on page 4 of the staff report from October 6 in the first paragraph it states that the exact location of the division between tributazies must be agreed to in concept by the City before the preliminary plat is reviewed by Planning Commission. She asked for some clazification. Mr. Kindra responded that a study has been performed and there aze no appazent problems with this division. Mrs. Boring asked if condition #7 regarding the contribution for the bridge will be revised prior to the third reading to state that "16 percent of the total cost will be paid by the developer". Ms. Fierce responded that the text currently contains the commitment of the developer to provide 16 percent of the overall estimated cost of the bridge. She added that Council can amend the condition if they wish at the next reading. Ben. Hale. 37 W. Broad Street. representing the applicant stated that planner Linda Menery of Bohm NBBJ is also present this evening to answer any questions. He added that they have agreed to provide a letter of credit to secure the obligation for the bridge construction. In addition, the location of the detention basin is on a premium, lazge lot and will not pose a mazketing problem in their point of view. He noted that they consent to all conditions that staff has outlined. He offered to answer any other questions from Council. There were no further questions. Mayor Campbell noted that since there were no other proponents or opponents registered to speak, the public heazing would be closed. There will be a third reading of the ordinance at the December 5 Council meeting. Ordinance No. 52-94 (Amended) - An Ordinance Providing for a Change of Zoning of 45.248 Acres of Land (15.703 Union County, 29.545 Franklin County) Located on the Franklin/Union County Line, Approximately 1,800 Feet North of Post Road at the Western Terminus of Wynwright Drive (future), from: R-1, Restricted Suburban Residential District and U-1, Agricultural/Residential District (Jerome Township zoning classification) to PLR, Planned Low Density Residential District. (Gorden property/MI Schottenstein) (Public Hearing) (Applicant: M/I Schottenstein Homes, Inc., c/o Smith & Hale and State Street Realty, Glen A. Dugger, c/o Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Registered as proponents were Ben Hale, Smith & Hale; Tim Houk, Bird/Houk & Associates; and Bill Westbrook, M/I Schottenstein Homes. There were no registered opponents. Ms. Fierce pointed out that an amended ordinance and revised legal description was distributed to Council tonight, reflecting changes in the acreage. She showed aerial and ground slides of the site and briefly described the development proposal. She noted that Planning & Zoning Commission RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 3 Meeting DAYTON LEGAL BLANK Held November 21, 1994 19 approved the rezoning on October 6 with 9 conditions: 1. That all floodway, floodplain, and floodway plus 20 feet information be indicated on plans, and lots redrawn if needed at the time of preliminary plat submission in accordance with FEMA regulations; 2. That all park land be dedicated to the City by warranty deed with the recording of the fmal plat. Recording fees are to be paid by the developer; 3. That all pavement, rights-of--way, utilities, stormwater management, cul-de-sacs, vertical alignments and street geometrics be designed to the satisfaction of the Ciry Engineer; 4. That an accurate legal description be provided to the satisfaction of Staff before this application is reviewed by City Council; 5. That the text be clarified with language regarding tree preservation including snow fencing for tree protection during all phases of construction, and 20-foot no-build zones be located along the rear of all lots which abut a tree row, to the satisfaction of Staff; 6. That the applicant submit reduced sized plans (11" x 17") to Staff before submission to Council; 7. That pedestrian access/bikepath issues be resolved at the time of preliminary plat submission; 8. That house placement on the southern half of the site be clearly determined prior to the submission of the preliminary plat; and 9. That lot lines be reconfigured to follow the county line along the northern half of the site. ~ Additionally, the Commission made a motion to send a letter urging Council to provide unified fire protection services for the Jerome Township area and to strengthen the language within the interim annexation policy to include terminology requesting decisive action by Council. Mrs. King expressed concern about the disjunct piece of parkland east of the middle school site and asked her to provide justification for it. Ms. Fierce explained that the purpose was to eliminate some irregular lots that were previously platted as part of Wyndham Village and also to provide additional access for the school site. This parkland use was determined to be appropriate under the 1986 amendments to the Code. Mrs. King noted that perhaps this land should be sold to the schools rather than accepted as parkland to eliminate the City's responsibility for land which should be integrated into school property. Mrs. King asked about how the cul-de-sac length compares with the Windwood/Rushwood streets in the Woods of Dublin development and why this does not connect to the Bill Adams' development to the south. Ms. Fierce responded that the southern portion with frontage along Post Road was eliminated from this rezoning due to the uncertainty about the proposed mall development. Chief Bostic responded that in the pre-Planning & Zoning meeting, it was determined that language would be added to the text indicating that the street would at some time be extended from the east to the west. The cul-de-sac meets the requirements of the Ciry. Mrs. Stillwell asked for clarification about density which are 1.78 including the school site and 2.29 without the school acreage. Ms. Fierce responded that the generally used density would be the 1.78 figure which is consistent with the Community Plan for this area. Ben Hale 37 W. Broad Street. Columbus stated that they are in agreement with all of the conditions stated. He pointed out that the three lots in front of the school are developed lots with water and sewer. The schools believe that it is important for the property in front of the schools not to be developed with houses since they believe that there will eventually be a middle school in this location. The developer agreed to take these three lots off the market and dedicate them as parkland. If the City chooses to sell these lots to the schools, that is the City's business. The schools will be purchasing 10 acres for the purpose of constructing an elementary school. Mrs. King proposed that the developer sell the lots to the schools at the market value and provide the City with parkland in a more appropriate location. If the developer has already met the parkland requirements, there would be no need to dedicate this land. Mr. Hale responded that these are developed lots valued at $43,000 each, and the developer has $17,000 in costs for developing the lots. Dedicating the lots to the City as parkland was in the financial best interests for the schools. Mrs. King noted that the City values their parkland and does not want to set a precedent by allowing this land to be used as a driveway. Mr. Kranstuber agreed that this is not a good precedent. He added that deeding this to the schools RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting DAYTON LEGAL BLANK Held November 21, 1994 19 would not be acceptable under any circumstances. Selling the land to the schools at its market value would also effectively sidestep the intent of the greenspace ordinance which is to gain land for passive or active parkland. Ms. Jordan read the Code section 1109.021(b) applicable to this case involving parkland to be used in connection with a school building or premises. Mr. Kranstuber commented that in the situation involving Wyandot School, the end product was a win-win situation for both the City and the school district. This case, however, is not a winner in terms of providing additional greenspace for the City. Mayor Campbell noted that since there were no other proponents or opponents who wished to speak, the public hearing for the ordinance would be closed. There will be a third reading of the ordinance at the December 5 Council meeting. Ordinance No. 96-94 - An Ordinance Accepting the Lowest/Best Bid for 7 A.C. Powered Modems and Authorizing the City Manager to Execute a Contract for the Procurement of Said Equipment. (Third Reading) There was no additional information presented on this ordinance. Vote on the ordinance -Mrs. Stillwell, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, 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. (Third Reading) There was no additional information presented on this ordinance. Vote on the ordinance - Mr. Zawaly, yes; Mrs. Boring, no; Mr. Kranstuber, yes; Mayor Campbell, yes; Mrs. King, yes; Mrs. Stillwell, yes. Ordinance No. 99-94 - An Ordinance to Adopt the Proposed Operating Budget for the Fiscal Year Ending December 31, 1995. (Second Reading) Mr. Hansley stated that staff is requesting that Council hold this over for a third reading following review by Council's Finance Committee. There will be a third reading at the December 5 Council meeting. Ordinance No. 101-94 - An Ordinance Authorizing the City Manager to Enter into a New Contract with the Law Director. (Second Reading) There was no additional information presented on this ordinance. There will be a third reading at the December 5 Council meeting. Ordinance No. 102-94 - An Ordinance Providing for a Change in Zoning for 127.298 Acres of Land Located on the Southwest Corner of Hard Road (Proposed) and Sawmill Road from: PUD, Planned Unit Development District and R-1, Restricted Suburban Residential District to: PUD, Planned Unit Development District by Revision of Preliminary Development Plan. (Revised Northeast Quadrant PUD) (First Reading) (Applicant: Sawmill Partners Investment Co., c/o Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mayor Campbell introduced the ordinance. Mrs. Boring commented that some members of Council have previously indicated a desire to have discussion regarding rezonings prior to referral to Planning Commission. 1. She noted that Mr. Harrison Smith has met with most of the Council members to review this application. Upon closer examination of the "Dublin Northeast Supplemental Information" text dated November 1, it notes on the third to last page that "the new increase in retail space is approximately 160,000 square feet." This is not what she was told by the developer. 2. Four years ago, the applicant requested over 200,000 square feet of retail and then backed down. She proposes that if the size of the retail space is reconsidered, Council reconsider and possibly limit the size of the one single-use building. She would like to send a strong suggestion with the rezoning when it is referred to Planning Commission. Mr. Kranstuber stated he does not believe that there is any procedural obligation to refer a rezoning to Planning Commission. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 5 Meeting DAYTON LEGAL B NK Held November 21, 1994 19 Mrs. Stillwell commented that she endorses some policy discussion regazding issues prior to referring it to Planning Commission. The commission would then conduct a technical review. Mr. Kranstuber added that he has concerns about Road B which drains much of the office area down to Bright Road. Mayor Campbell commented that: 1. It is Planning & Zoning Commission's function to work through these types of issues. 2. Anytime a development application has come through regazding the northeast quad, there seems to be an automatic "no" from many folks. There has been very successful opposition to any development proposed in this area. 3. The second high school will soon open in this azea and construction of an alternative route in the Ciry to 161 and 270 is dependent upon a series of developments such as this one. Without development, a new bridge cannot be built over the Scioto and the areas along 270 will not be opened up for potential office development upon which the City depends for revenue. 4. In addition, part of this proposal provides for an ambulatory medical facility. 5. The Planning Commission provides the forum to resolve the issues of this rezoning. Mrs. Boring responded that this azea has been rezoned for four yeazs for multi-family, single-family and retail. The developer has not taken the initiative to follow through with the existing plan. The bridge and proposed road aze to be located south of Bright which is not part of this rezoning application. The text indicates a net increase of 160,000 squaze feet of retail which is not what she was told by the applicant. She therefore cannot trust that this applicant will cazry out what Council approves. Mayor Campbell noted that each of the rezonings proposed which will provide a portion of the road network or bridge must be given cazeful consideration. They should therefore be reviewed by Planning Commission. There aze probably many people in East Dublin who aze not satisfied with the original plan. Stopping the process tonight does not facilitate resolution of the issues. Mrs. Stillwell believes that this healthy discussion has brought issues to the table, but it is also important to keep the process moving as Mayor Campbell suggests. There are advantages to this development, particulazly with the roadway network and health Gaze facility. She agrees that the size of the retail is a major issue for this rezoning. It is important to continue the process by referring this to Planning Commission. Mrs. King stated that: 1. She believes the northeast quad has remained relatively undeveloped because of mazket conditions, not because of actions taken by the residents. 2. She had understood that the applicant did not want Council to refer this to Planning Commission unless Council felt comfortable with it. She suggests sending the proposal to Planning Commission with a list of Council's concerns about the proposal. 3. She shares Mrs. Boring's concerns about the credibility of the answers provided by the applicants and the confusion caused by many changes to the plan. She suggests that the staff provide a summation of the differences between this proposal dated November 1 and the existing zoning. 4. She is also concerned about the stormwater situation due to the velocity and the volume of water flowing into the lazge pipe and would encourage a natural filtration system. In addition, the City has indicated that the five-yeaz CIP does not presently include a stormwater detention azea there, but this does not preclude further discussion of this issue in conjunction with this development proposal. 5. There may be an opportunity to split off the Mt. Cazmel piece which would allow the road network and the non-controversial pazt of the proposal to go forwazd rapidly. 6. The retail issues can hopefully be resolved with additional information. Mr. Zawaly moved to refer this ordinance to Planning & Zoning Commission. Mayor Campbell seconded the motion. Mrs. Stillwell noted that Mrs. King has identified a number of issues for P & Z to pay specific attention to, including the retail issue, the stormwater, the roadway network, and possibly splitting off the Mt. Cazmel portion. Mrs. Stillwell suggested that Council request that Planning Commission pay specific attention to these issues based on this discussion. She asked if Mr. Zawaly would consider amending his motion to include this request. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 6 Meeting DAYTON LEGAL BLANK Held November 21, 1994 19 Mr. Zawaly responded that his motion is merely to refer this ordinance. He believes that Council can send a memo to the Commission regarding these concerns. He does not believe that Council should deviate from the process of either referring or not referring them. He is not willing to amend his motion. Sending a memo will require consensus, and perhaps this issue is an appropriate one for the "consensus forums" scheduled to begin in the near future. If there is consensus, he advocates sending a memorandum to Planning & Zoning Commission. Mrs. Boring noted that her interests are simply in saving time for Planning Commission as well as Council by indicating Council's concerns at the outset. She advocates referring it to Planning Commission with instructions that the specific issues should be addressed. Mr. Zawaly responded that this can be achieved with a memorandum, but it would require consensus on the content of the memo. Further, he serves as Council's representative to Planning Commission and he will bring any concerns of Council members to the Commission. Mrs. King commented that Council has demonstrated a commitment over the years to bringing consensus on issues in order to provide clear direction to staff. She believes that Mrs. Stillwell's amendment to the motion to refer would achieve this and provide a record of Council's concerns about the rezoning. Her goal is to speed up the process and make it more effective. Mayor Campbell noted that the minutes of the Council meeting can be forwarded to Planning Commission. He believes that adding Council's concerns as an addendum to the motion to refer could later be misinterpreted as conditions imposed by Council. He believes that Planning Commission is entitled to address the issues they view as appropriate, and to then send the proposal back to Council with their recommendations. Sending a copy of the minutes to Planning Commission would effectively communicate Council members' concerns. Vote on the motion - Mr. Kranstuber, yes; Mrs. Boring, no; Mayor Campbell, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mrs. King, no. Ordinance No. 103-94 - An Ordinance Providing for a Change in Zoning for 5.284 Acres of Land Located on the South Side of Rings Road, Approximately Midway Between Blazer Parkway and I-270, from: R-lA, Restricted Suburban Residential District (Washington Township Classification) to: PCD, Planned Commerce District. (Wheatley and Puckett properties) OFirst Reading) (Applicant: The Edwards Company c/o Ben Hale, Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mayor Campbell introduced the ordinance and asked staff to provide a brief description of the rezoning. Ms. Clarke stated that maps have been distributed this evening as attachments to the rezonings. She stated that the two property owners on Rings Road are requesting rezoning for primarily office use. Mr. Kranstuber moved that the ordinance be referred to Planning & Zoning Commission. Mrs. Boring seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes. Ordinance No. 104-94 - An Ordinance Providing for a Change in Zoning for 54.787 Acres of Land Located on the North Side of Rings Road, Approximately 1,000 Feet West of I-270 from: R, Rural District to: PCD, Planned Commerce District. (Ruma/Ruscilli parcel) ()First Reading) Applicant: The Edwards Company c/o Ben Hale, Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mrs. King introduced the ordinance. Mrs. King moved that the ordinance be referred to Planning & Zoning Commission. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes. Ordinance No. 105-94 - An Ordinance Providing for a Change in Zoning for 149.629 Acres of Land Located on the North Side of I-270, from Dublin-Bellepoint Road (SR 745) on the East to Coffman Road on the West, from: PUD, Planned Unit Development District to: PUD, Planned Unit Development District. (Revised McKitrick I-270 Preliminary Development Plan) (First Reading) (Applicant: The Edwards Company c/o Ben Hale, Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mr. Kranstuber introduced the ordinance. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting DAYTON LEGAL BLANK F Held November 21, 1994 19 Mayor Campbell noted that this PUD includes a combination of office-related use and residential housing and is located along the outerbelt. Mr. Hansley confirmed that this was correct. Mr. Kranstuber moved that the ordinance be referred to Planning & Zoning Commission. Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mr. Zawaly, yes. Ordinance No. 106-94 - An Ordinance Providing for a Change in Zoning for 6.539 Acres of Land Located on the Southwest Corner of Dublin-Bellepoint Road and Brandonway Drive, from: R-1, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (Bellepoint Place/Cavanagh Property) (First Reading) (Applicant: option holder Jim Brundage, 682 Paddlewheel Drive, Westerville, OH 43082; property owners, Robert and Mazilyn Cavanagh, 7591 Dublin Road, Dublin, OH 43017) Mrs. Stillwell introduced the ordinance. Mrs. King moved that the ordinance be referred to Planning & Zoning Commission. Mr. Kranstuber seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Zawaly, yes; Mrs. King, yes; Mrs. Stillwell, yes; Mayor Campbell, yes; Mr. Kranstuber, yes. Ordinance No.107-94 - An Ordinance Accepting the Lowest and Best Bid for Road Salt for the Time Period Covering November 1, 1994 through March 31, 1995 and Authorizing the City Manager to Enter into a Contract Governing the Procurement of Said Salt. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Hansley noted that there is a detailed memorandum which accompanies the ordinance explaining the process and recommended bid. Mr. Harding is available if there aze questions. Mr. Hansley further noted that staff will be requesting emergency adoption in December. Mr. Zawaly commented that the information provided with the ordinance was excellent and helps to expedite the meetings. There will be a second reading at the December 5 Council meeting. Ordinance No. 109-94 - An Ordinance Accepting the Lowest and Best Bid for Sign Posts and Related Equipment and Authorizing the City Manager to Enter into a Contract for the Prceurement of Said Equipment. (First Reading) Mrs. King introduced the ordinance. Mr. Hansley commented that Ordinance No. 108-94 for similaz materials was removed from the agenda due to a problem with the bid process. Ordinance No. 109-94 is accompanied by a detailed memorandum from Mr. Hazding. There will be a second reading at the December 5 Council meeting. Ordinance No. 110-94 - An Ordinance to Establish the Estimated Average Per Acre Value of Land for Park Fees in Lieu of Land Dedication as Required Pursuant to Section 1109.02(c), and to Amend Said Section. (First Reading) Mayor Campbell introduced the ordinance. Mr. Hansley stated that the memorandum accompanying the ordinance explains that the Code requires that an estimated average value of land be established every two yeazs based on the recommendation of a qualified land appraiser. This ordinance sets the value at $37,000 per acre. Ms. Jordan is present for additional questions. Mrs. King asked about the status of revisions to the greenspace ordinance currently under review by the Pazks and Recreation Advisory Committee and whether this would have any relation to this ordinance. Ms. Jordan stated that some discussion took place regazding fees, but much of the discussion has been "housekeeping" types of revisions. There is no conclusion to the discussion at this time. Mayor Campbell asked Mr. Hansley to confirm that the process for this ordinance will involve three readings at Council since it involves a financial matter and that it is not necessazy to refer this to Planning Commission. Mr. Hansley agreed. Mayor Campbell asked if Council is bound by the appraisal number. He has a sense that Council may want to revisit the issue if there is some leeway in determining this figure. Mr. Smith suggested that Council refer this to an appropriate Council committee, such as Pazks and Recreation or Land Use, for further discussion of the legal issues involved. There have been some RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 8 Meeting DAYTON LEGAL BLANK R Held November 21, 1994 19 recent court decisions involving impact fees and the relationship between fees and services which may tie into this issue. He will also provide a memorandum to Council. Mrs. Stillwell moved that this ordinance be referred to the Parks and Recreation Committee of Council for further review and recommendation. Mrs. King seconded the motion. Vote on the motion -Mrs. Boring, yes; Mayor Campbell, yes; Mrs. King, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes. There will be a second reading of the ordinance at the December 5 Council meeting. Ordinance No. 111-94(E) - An Ordinance to Amend the Annual Appropriations for the Fiscal Year Ending December 31, 1994, and Declaring an Emergency. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Hansley asked that Ms. Grigsby provide an overview of the items included in the ordinance. ~ Ms. Grigsby noted that, as identified in the memo, staff is requesting appropriations in four azeas: income tax refunds, legal services, easements and rights-of--way associated with the Safety Solutions tax increment financing project, and ADA modifications including the Chamber building. Staff is requesting passage by emergency due to the need to process payment before the end of the yeaz. Mr. Smith commented that the American Disabilities Act requires that the City have a transition plan to comply with the requirements. The City's lease with the Chamber of Commerce does address updates required by federal or state law. Discussion has taken place between the City and the Executive Director of the Chamber, and the City will submit a bill to the Chamber for the modifications. The Chamber has suggested that they would like to make an arrangement for payment of their portion over an extended period of time. A recommendation will be forthcoming from staff after another meeting has taken place. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. Mrs. Stillwell seconded the motion. Vote on the motion -Mrs. King, yes; Mr. Zawaly, yes; Mrs. Boring, yes; Mayor Campbell, yes; Mrs. Stillwell, yes; Mr. Kranstuber, yes. Mr. Zawaly asked about clarification about the partial reimbursement of additional legal fees as part of the assessment process. Mr. Smith responded that the City has asked for 42 percent of the legal fees as reimbursement and aze waiting for a decision from Judge Cain. This is the same percentage requested with respect to the dollazs in the assessment. He verified that this figure also includes Squires, Sanders fees. Vote on the ordinance -Mrs. Boring, yes; Mrs. King, yes; Mr. Zawaly, yes; Mr. Kranstuber, yes; Mrs. Stillwell, yes; Mayor Campbell, yes. Ordinance No. 112-94(E) - An Ordinance Providing for the Issuance and Sale of $1,445,000 Notes in Anticipation of the Issuance of Bonds for the Purpose of Paying the Property Owners' Portion, in Anticipation of the Collection of Special Assessments Heretofore Levied, and the City's Portion, of the Costs of Opening, Constructing and Improving in the City a Public Street to be Known as Muirfield Drive by Constructing a Four Lane Section with a Variable Width Grass Median from the Current Terminus Approximately 638 Feet North of the Intersection of Muirfield Drive with Sells Mill Drive and Mojave Street Northerly Approximately 3,650 Feet to the Current Intersection of Muirfield Drive and Brand Road by Grading, Draining, Paving and Installing Concrete Curbs and Gutters, Together with All Necessary Appurtenances, Including a Bikeway and Bikeway Underpass, Constructing Waterlines and Fire Hydrants, Sanitary Sewers and Storm Sewers, and Acquiring Real Estate and Interests in Real Estate Therefor, Together with All Other Necessary Appurtenances, and Declaring an Emergency. (First Reading) Mayor Campbell introduced the ordinance. Ms. Grigsby stated that this ordinance provides for the reissuance of notes for the Mui~eld Drive project. The present notes mature on December 22. The notes must be rolled over since the court case is not decided at this time. The Ciry does have the option within this legislation to issue between 3 and 9 months. Mayor Campbell noted that there is a request for emergency action. Mrs. King moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Hansley clarified that the emergency action is not necessazy until the time of the second reading. Mrs. King withdrew her motion. RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 9 Meeting DAYTON LEGAL BLANK Held November 21, 1994 19 There will be a second reading at the December 5 Council meeting. Ordinance No. 113-94(E) - An Ordinance Providing for the Issuance and Sale of $530,000 Notes in Anticipation of the Issuance of Bonds, for the Purpose of Paying Costs of Improving the Vehicular Transportation System in the City 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 Interests in Real Estate Therefor, and Providing Lighting Systems and All Other Necessary Appurtenances, and Declaring an Emergency. (First Reading) Mrs. Boring introduced the ordinance. Ms. Grigsby stated that this provides for reissuance of notes which expire on December 22. This project is a TIF project and the intent is to issue bonds in the future similar to the bonds recently issued for the Duke Realty TIF. The debt will be retired through the service payments in lieu of taxes that the City receives from the developer. There will be a second reading of the ordinance at the December 5 Council meeting. Ordinance No. 114-94 - An Ordinance to Enter into a Health Services Contract with the Franklin County Board of Health. (First Reading) Mr. Zawaly introduced the ordinance. Mr. Hansley stated that staff is recommending approval of the contract with Franklin County Board of Health. There will be a second reading of the ordinance at the December 5 Council meeting. Ordinance No. 115-94 - An Ordinance Accepting the Lowest/Best Bid for Phase II of the M.L. "Red" Trabue Nature Reserve. (First Reading) Mrs. King introduced the ordinance. Ms. Jordan stated that this project involves Phase II of the reserve which is the public entryway off of Post Road, a stream crossing over the south fork of Indian Run and a parking lot which will accommodate the public and school buses. Mr. Zawaly expressed concern about awarding a contract to Strawser Paving Company in view of the current issues regarding the Muirfield Drive resurfacing project. There may be problems involved with awarding another contract to the firm should the city later become involved in litigation over the resurfacing project. Ms. Jordan responded that several park projects have been satisfactorily completed by Strawser Paving and the Parks staff has an excellent working relationship with the firm. Mrs. Boring requested that staff provide a map or some slides of this project at the next reading. Ms. Jordan agreed to do so. Mr. Kranstuber commented that he had forwarded a memorandum to Council today regarding the Muirfield Drive resurfacing project. Mr. Zawaly asked for an update from staff about the Muirfield Drive project. Mr. Smith agreed to provide an update memo prior to the next Council meeting. Mr. Hansley added that, following Council's previous discussion, the City contracted with an independent testing firm and a report is expected prior to the next meeting of Council about whether the job was completed according to the specifications. Mr. Kindra added that there is no dispute with Strawser at this time. They are cooperating with the Ciry in the investigation. Mr. Zawaly noted that from a citizen's perspective, he would take issue with this. Mr. Kranstuber commented that a dispute does exist if four Council members agree so. Mr. Zawaly added that he would be reluctant to award another contract to Strawser unless this situation is resolved to the City's satisfaction. There will be a second reading of the ordinance at the December 5 Council meeting. Resolution No. 21-94 - A Resolution Requesting the Delaware and Franklin County Auditors to Draw and the Delaware and Franklin County Treasurers to Issue a Draft to the Director of Finance of the City of Dublin for any Money that May be in the County Treasury to the Account of the City of Dublin. (First Reading) RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 10 Meeting DAYTON LEGAL BLANK Held November 21, 1994 19 Mrs. King introduced the ordinance. Ms. Grigsby stated that this is a housekeeping measure passed each yeaz allowing the City to requests advances from the Franklin and Delawaze County auditors which provides for eazlier distribution of real estate dollazs. She added that there is only a small amount of taxes collected each yeaz in Union County which does not wazrant taking this action. There will be a second reading of the ordinance at the December 5 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 Indefinitely) Mr. Hansley stated that meetings have taken place and negotiations are continuing. It will be brought to Council for action within the next few months. Other Discussion of Dublin Development Corooration Mr. Smith reported that Mr. Strip had asked him to investigate the possibility of establishing a low interest loan fund for various parts of Dublin to encourage businesses to remodel, etc. He noted that Mr. Strip will be introducing enabling legislation at the next Council meeting. This effort will be done through anon-profit corporation under various guidelines. Council Committee Reports There were no reports from Committees. Comments from Staff Mr. Smith reported that he met today with the Union County prosecutor in regazd to the boundary adjustment in Union County for Pharmacia and other pazcels in Jerome Township. A meeting is scheduled with the Union County Commissioners on December 5, and based on discussion with Mr. Schneider, prosecuting attorney who represents the Commissioners and the township, he expects approval of this boundary adjustment request. Council Roundtable Mrs. Boring: 1. Congratulated Columbus Dispatch columnist Bazbaza Zuck for her insightful commentary about the Field of Corn project. 2. Asked about the Tuller Road/Riverside Drive intersection and whether the final grade has been completed. Mr. Kindra responded that he will investigate this situation. 3. Asked about regulations under a PUD regazding the time within which a developer must file final development plans. Ms. Clazke responded that under a PUD, the developer is required to bring forward at least 10 percent of the land in a final development plan within 180 days. In the case of the northeast quad rezoning, this requirement was waived due to the fact that the sewer design was going to take longer than that. She believes that it was waived indefmitely. 4. Requested that staff respond to the letter received from Ruth Mast about the traffic situation at Post and Avery. Mr. Hansley responded that Council has consistently been approving plans that de-emphasize Post Road in terms of traffic flow. The two intersections south of Post and Avery which aze already signalized will connect in the future to the Post and Coffman intersections. In the meantime, however, staff recognizes the traffic problems and has taken steps to assist with traffic flow via directing of traffic and selective enforcement. Mrs. Kina: 1. Commented that she spoke with Dr. Fink last week in regard to boazd and commission appointments and he mentioned he hopes to meet soon with staff in regazd to traffic safety issues. She suggested that a copy of staff's response letter to Mr. Dill be forwarded to Dr. Fink. 2. Complimented staff on the installation of the back-lit street signs at Coffman and Post and Tuller and Riverside Drive. 3. Reported that work continues on the I-270 widening effort. Responses have been received from many state and local government legislators who are taking action to support this effort. 4. Noted that the City's economic development study recommended that the City hire an RECORD OF PROCEEDINGS Dublin City Council Meeting Page 11 Minutes of Meeting' _ DAYTON. ~ FrA~BLANK CO .FORM. NO 10148___ _ Held November 21, 1994 19 individual to specifically work with state legislators on issues affecting economic ii development, such as the 270 widening. Suggested that this be considered in the budget ~j discussions. 5. Noted that a memorandum has been provided to Council regazding the status of board and i, commission vacancies for 1995. She suggested that Council meet in executive session on December 5 at 6:30 p.m. to discuss the appointments. ' Council members agreed to do so. 6. She then moved to request staff to prepare a compazison between the current zoning in the northeast quad and the proposed rezoning Ordinance No. 102-94 in order to bring closure to the issue discussed earlier. Mr. Zawaly 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. Ms. Clarke noted that the latest text which was included in the Council packet does not square with i the verbal representations made to date. She asked for clazification of whether Council wants an analysis of what was in the packet or of the text as amended by the end of the week. Mayor Campbell clarified, with the consensus of Council, that the motion is to compare the text provided tonight to the previously approved zoning. If there are additional modifications, those can be shown in another column. Mrs. Stillwell: 1. Stated that she has received word from Bill Habig of MORPC that there has been a two- month delay in the signing of the design contract with Woolpert for the I-270 widening project. She emphasized that this delay is an ODOT delay. 2. Forwarded a document to Council and staff which was recently discussed by MORPC called the "Consolidated Plan" which incorporates all of the elements from the Comprehensive Housing Affordability Strategy. She requested feedback from Council about a proposed resolution which is attached, encouraging local governments to address housing affordability in their own communities. Mr. Zawalv: 1. Noted that a date must be determined for the Council Parks and Recreation Committee to meet prior to the next Council meeting. He will advise members tomorrow. 2. Asked staff to respond regarding the concerns of the Coventry Woods residents about the park issues as described in recent letters to Council members. Ms. Jordan responded that a letter has been sent to residents detailing the history of pazk planning and stating that recommendations for funding have been deferred until the civic association has come to consensus. She emphasized that input will be needed from the residents prior to any recommendation. She will provide a copy of her letter to Council. ~I The meeting was adjourned at 9:40 p.m. May , Presid ng Officer Clerk of Council i i