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HomeMy WebLinkAbout05/16/1988 RECORD OF PROCEEDINGS Minutes of Dublin City ConnriJ MpPtino . !5, 9 .K:S Mectillg National Graphics Corp., Cols., O. Form No. 1097"~ -- r-- II eld May 16, 1988 19 The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Michael L. Close at 7:30 P.M. on Monday, May 16, 1988. Mr. Jankowski led the Pledge of Allegiance. Members of Council present were: Mr. Amorose, Mayor Close, Mr. Jankowski, I Ms. Maurer, Mr. Rozanski, Mr. Strip and Mr. Sutphen. Mr. Smith, Law Director, was also present. Mr. Hansley, City Manager, arrived at 9:00 P.M. Members of City Staff present were: Ms. Alley, Mr. Bowman, Ms. Clarke, Mr. Johnson, Ms. Jordan, Ms. McClellan, Mrs. Newcomb, Mr. Vance and Mr. Willis. Mr. Amorose moved to approve the minutes of the May 2, 1988 meeting of Council. Mr. Rozanski seconded the motion. The vote was unanimous in favor. There was no objection to a one day liquor permit for a function to be held at AT&T National Product Training Center on Friday, June 17, 1988. Tabled Ordinance Ordinance No. 21-88 - Petitioning Delaware Board of County Commissioners to ADjust Boundaries of Concord Township to Make Them Identical in Part with Corporate Limits of Dublin. Tabled Resolution Resolution No. 09-88 - Resolution of Intent to Impose Fire Levy for Full-Time Fire Protection for Concord Township Within the Corporate Limits of Dublin. Mr. Sutphen moved to bring the Ordinance and the Resolution off the table for purposes of discussion. Mr. Jankowski seconded the motion. The vote was as follows: Mr. Sutphen, yes; Mr. Strip, yes; Mr. Rozanski, yes; Ms. Maurer, yes; Mr. Jankowski, yes; Mayor Close, yes; Mr. Amorose, yes. Mayor Close summarized that the intent of the Ordinance and the Resolution as it came before Council some time ago was to take the northern portion of Dublin that is in Delaware County out of Concord Township; as well as to have a separate election in the Fall of 1988 to have the residents vote as to whether or not they would approve a levy for full-time fire protection to be provided by Washington Township. A number of questions were asked at that time. Some of the members of Council were concerned that the annexation from Concord Township without a concurrent assumption of services by another district would leave the City in a position where it would be subsidizing a township in a different manner than taxes were being allocated in the rest of the City. The matter was referred back to the City Attorney. A legal memorandum was received from the Law Director recommending to the City that a single issue should be placed on the ballot as to whether or not the Washington Township boundaries should be adjusted so that the portion of Dublin that is in Delaware County would be served with exactly the same services as the rest of the City which is in Franklin County, therefore Washington Township. He noted that in the memorandum prepared by the Law Director that some case studies had been described as well as the current general opinion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting ~&W.b Meet ing National Graphics Corp., Cols., O. Form No. 1097"~ Hc/d May 16,1988 19 Page Two Mayor Close said that he had directed the Law Director to make that memorandum available to any member of the public who would be interested. Mayor Close also said that the Law Director would have legislation prepared for the next Council meeting which will address the ballot issue; Council then deciding whether the issue would be placed on the ballot at a special election or at the general election in November. The issue, it was noted, would be voted on by residents of Dublin who reside in Concord Township. Mr. Strip said that he would appreciate hearing from residents who would be affected, making their feelings on the issue known to members of Council. Mr. Wilt, a resident of Macewen Court in Muirfield, requested additional information on how the tax levy would actually work. Mayor Close noted that if the majority of residents would vote to have the Washington Township boundaries extended into Delaware County, they would in fact be voting to adopt whatever millage exists in the remainder of Washington Township. The single exception would be the small millage imposed by Franklin County to the county government. Delaware County has a similar situation but those millages are not exactly identical. Mr. Wilt also commented that at their present locations there is little difference in response time, depending upon the time of day, and recom- mended delaying voting on the issue until a new fire station is built. Mr. Wilt also suggested that there be dialogue between officials of Dublin and the Concord Township trustees, maintaining a good working relationship with Concord Township so that a positive backup service could be continued. Mayor Close said that Dublin was not proposing the issue as a way of diminishing service, but that the intention is to increase services and that City resources would be committed to see that that is accomplished. Mr. Sutphen said that the message he had been receiving from citizens was that they wanted a chance to vote on the issue. Mr. Smith said that at the next meeting Council members would have in their packets a revised ordinance that will direct a ballot question. He said that there will be a pending ordinance that will be directed to a special election if Council so chooses, said election to possibly take place in August. He said that he would anticipate Council directing the ballot question on an ordinance that gives the voters a choice of adjusting the boundary lines from Concord Township to Washington Township, Dublin. Mr. Sutphen moved to table Ordinance No. 21-88 and Resolution No. 09-88 indefinitely. Ms. Maurer seconded the motion. The vote was: Mr. Amorose, yes; Mayor Close, yes; Mr. Jankowski, yes; Ms. Maurer, yes; Mr. Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes. Ordinance No. 42-88 - Ordinance Amending Chapter 1187 and Appendix the Planning and Zoning Code - Street Tree Planting Requirements. Hearing. Mayor Close stated the Council Rules of Order for Public Hearings. There were no registered proponents or opponents. Mr. Bowman reported that the amendments to the Landscaping Code had been extensively reviewed by the Planning and Zoning Commission and the Tree and Landscape Advisory Commission. E of Public RECORD OF PROCEEDINGS M hlUtes of Dublin City Council Meeting natio I .gi'<Ii ICS Meeting National Graphics Corp., Cols.. O. Form No. 1097 ''';;2DY H clel r May 16, 1988 19 Page Three Ms. Newcomb said that the two major changes to Appendix E are a new, updated and expanded version of the tree list and also the establishment of guidelines to prevent the overplanting of a single tree species or family. She noted that other minor changes to Appendix E would include the following: Requiring trees to be nursery grown. Adding to the list of sources of information on tree planting and care. Referencing Chapter 1187.09 of the Code and the Planting Manual for street tree planting requirements. Reducing the list of acceptable mulches. The amendments to Chapter 1187 of the Dublin Planning and Zoning Code would include: Referring developers to the Dublin Planning and Zoning Department as opposed to the Dublin Building Inspection Department for the Planting Manual and Tree List. Requiring street tree planting in all districts. Adding information about the one-year guarantee period and tree inspections. Shifting the authority from the Engineer to the Planning Director to reduce the size of a tree lawn. Mr. Bowman said that the tree lawn in any new subdivisions would have to be shown on the engineering plans and plats when they come in; it would be a platting requirement when the subdivisions come in for p la t ting. It was noted that a typical tree lawn at this time is seven feet. With regard to the one year guarantee period and tree inspections, Ms. Newcomb said that the guarantee period will not start until the developer or landscape contractor has notified the Dublin Planning Department. The planting of trees will be the responsibility of the developer, and the Planning Department will work with the developer and tell him/her when those trees should be planted, trying to increase the likelihood of those trees being undamaged and remain alive. There will be a third reading of the Ordinance at the Council meeting on June 6, 1988. Ordinance No. 27-88 - Reclassification of Zoning - 93.947 Acres _ South- east Corner of Shier-Rings Road and Wilcox Road. Third Reading. The vote on the Ordinance was as follows: Mr. Rozanski, yes; Mr. Strip, yes; Mayor Close, yes; Ms. Maurer, yes; Mr. Jankowski, yes. yes; Mr. Amorose, Mr. Sutphen, yes; Ordinance No. 43-88 - Request for Storm Water Exemption Section 7. Third Reading. Mr. Rozanski asked Mr. Willis if he felt "safe and secure with this". Mr. Willis replied in the affirmative. Donegal Cliffs The vote was - Ms. Maurer, yes; Mr. Sutphen, yes; Mr. Jankowski, yes; Mayor Close, yes; Mr. Amorose, yes; Mr. Rozanski, yes; Mr. Strip, yes. Ordinance No. 45-88 - Ordinance Authorizing City Manager to Sign Modified Sewer Agreement (Industrial Pre-Treatment Program). Second Reading. II I I I RECORD OF PROCEEDINGS M hlUtes of Dublin City Council Meeting I 9 ICS Mcetillg National Graphics Corp., Cols., O. Form No. 1097 "~:Y' T Held May 16, 1988 19 Page Four Mr. Smith recalled that at the last meeting Mr. Strip inquired as to how the City of Columbus could enforce a Columbus ordinance in Dublin and impose criminal penalties. Mr. O'Brien, Columbus City Attorney, when asked the question responded by saying that essentially they cannot, and that they know that. The attorney's office noted that it is a Federal (E.P.A.) form that is required to be completed in order to obtain some Federal funding for sewerage and that to change the form would probably take six months to a year. Mr. Amorose moved to waive the three time reading rule and treat as an emergency. Mr. Rozanski seconded the motion. The vote was: Mr. Strip, no; Mr. Amorose, yes; Mr. Sutphen, no; Mayor Close, yes; Mr. Rozanski, yes; Ms. Maurer, yes; Mr. Jankowski, yes. The vote on the Ordinance was as follows: Mayor Close, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Jankowski, yes; Ms. Maurer, yes; Mr. Strip, no; Mr. Rozanski, yes. Resolution No. 10-88 - Resolution Authorizing Regulation of Traffic in Muirfield During Annual Memorial Tournament. First Reading. Mr. Rozanski introduced the Resolution. Mr. Rozanski moved to do away with the three time reading rule and treat as an emergency. Mr. Sutphen seconded the motion. The vote on the motion was unanimous in favor. The vote on the Resolution was: Mr. Strip, yes; Mr. Sutphen, yes; Ms. Maurer, yes; Mayor Close, yes; Mr. Rozanski, yes; Mr. Amorose, yes; Mr. Jankowski,yes. Ordinance No. 49-88 - Ordinance Approving Preliminary Legislation for Rehabilitation Project-Bridge Street (U.S. 33) - Ohio Department of Transportation. First Reading. Mr. Amorose introduced the Ordinance. Mr. Willis requested that the Ordinance be held over for a second reading that he wanted to get additional information on his request for additional length on the project, indicating that he did not think that this legislation covers all of the area on Route 33 that needs to be covered. There will be a second reading of the Ordinance on June 6, 1988. Other Request for Approval of Concept Plan - Muirfield Village Additional Acreage. Mr. Bowman's comments were as follows: 1. The Professional Acquisition Corporation has purchased 96 acres on the west side of Manley Road at the current terminus of Glick Road. 2. The area is just north of Deer Run School. 3. Of the 96 acres, 36.8 acres are located within the Dublin corporate boundaries. The balance of the property is located in Union County, Jerome Township. 4. The property is outside the current Dublin sewer and water contract area. 5. The applicant is proposing to extend Glick Road into the site; residential development would then occur in the north and the south of the Glick Road extension. The proposal includes 46 acres; 36 acres in Dublin would be the residential development. A 10 acre site in Union County is proposed as open space; part of the Muirfield open space system, and would be maintained by the Muirfield Association. 6. II Ii II RECORD OF PROCEEDINGS Millutes of Dublin City Council MeetinE . I ICS Meet ill}.!, National Graphics Corp., Cols., O. Form No. 1097 "'LI>' Held May 16, 1988 19 r -- ~ - I I Page Five 7. At the Planning Commission meeting the applicant was told that if Muirfield Village is to grow that a new Master Plan should be created; that it should be submitted with a complete open space system as well as all other amenities. 8. The Planning Commission did vote to approve unanimously the Concept Plan with the condition that the 11 open space acres be subsequent- ly annexed to the City of Dublin. Mr. Howard Adams said that the open space is primarily woods and that they will undertake to annex the 11 acres to the City of Dublin. It was noted that Muirfield was originally planned with about 6000 units; however, they will be ending up with less than 2300. Additionaj I Ms. Maurer moved to approve the Concept Plan, Muirfield Village Acreage. Mr. Sutphen seconded the motion. The vote was unanimous in favor of approval. Request for Approval of Final Development Plan - Muirfield Phase 38 Mr. Bowman had the following comments: 1. The subject site is a 17 acre parcel located off of Dunsinane Drive which is a private court off of Carnoustie. 2. This seventeen acres is at the end of Muirfield Court. 3. It is a large wooded area with a pond. 4. It is currently owned by Jack Nicklaus, and Mr. Nicklaus intends to split off three large parcels consisting of 5 acres. 5. The remaining 12 acres of the 17 will remain undeveloped. Mr. Rozanski moved to approve. Mr. Sutphen seconded the motion. The vote was 7-0 in favor of approval. Request for Bed Tax Funds from Dublin Convention and Visitors Bureau Mr. Bill Fearon of the Convention and Visitors Bureau had the following comments regarding the request for bed tax funds: 1. Mr. Niall Burgess, a representative from the Irish government visited Dublin and suggested that Dublin, Ohio send a trade delegation to Dublin, Ireland to improve relations. 2. The Convention and Visitors Bureau is requesting assistance from the Council in funding that trade delegation. 3. The Convention and Visitors Bureau will coordinate the activities, but the delegation will be made up of people from the community. 4. The time of the trip will be at the time of the Dublin Millennium which is July 10, 1988. 5. It is proposed that the group will meet with the Lord Mayor of Dublin, Ireland as well as with civic officials, business leaders, as well as educational leaders. 6. Will attend many of the events of the Birthday Celebration. 7. Hope to take advantage of opportunities to expand Dublin, Ohio's business into Ireland. 8. Would like to explore the sister city status between Dublin, Ohio and Dublin, Ireland. 9. Would also like to explore the possibilities of a student exchange program as well as perhaps a tourism exchange program. 10. There is a great deal of opportunity for publicity; television, newspapers, magazines, etc. 11. There is a precedent in sending a delegation to Dublin for this purpose. In 1976 Dublin Mayor Joe Dixon and Mrs. Dixon visited Dublin, Ireland to attend their St. Patrick's Day celebration. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting ~ Meet illg National Graphics Corp., Cols., O. Form No. 1097 ~ Held May 16, 1988 I 19 Page Six 12. Propose that the delegation be made up of five representatives from the Dublin community as a whole. 13. Propose that the delegation be selected by a democratic process; would form a committee with a representative from City Council, from the Chamber of Commerce, from the Convention and Visitors Bureau and from the 1/1000 Committee. 14. Requested financial assistance in the amount of $10,000.00 to fund the project. 15. Something needs to be done quickly; airline reservations, hotel reservations, etc. need to be made. Mr. Sutphen said that he would like to send Mayor and Mrs. Close as Council's representatives and then perhaps send three additional people to represent the community of Dublin. Mr. Jankowski commented that he had a number of reservations regarding the proposed project. He said that he felt that the intent of the bed tax legislation and the Convention and Visitors Bureau was to use the money into activities that will attract people to Dublin. He also questioned how much international trade there is to be done between businesses here in Dublin, Ohio and those in Dublin, Ireland. He said that he felt that such a visit would be more of a goodwill gesture rather than trade delegation project. Mr. Jankowski also said that he did not feel that persons on Council were "well versed enough" in international trade or had adequate experience in that area. Mr. Fearon responded regarding the benefits to the hotels, motels, and restaurants. He said that he thought that the money spent could be justified strictly on the basis of the additional promotion and exposure that Dublin, Ohio would receive. Mr. Strip mentioned a couple of reservations - Council has already allocated a substantial amount of money to the Convention and Visitors Bureau. He suggested that perhaps he could entertain a situation where perhaps the Convention and Visitors Bureau would request bed tax money on a matching funds basis. Mayor Close expressed a positive response mentioning the free publicity that would be realized as well as the goodwill that would be engendered. Mr. Ralph Halloran, a downtown businessman, said that the big industry in Ireland is American (IBM, AT&T, etc.); that business is done in the country in the small craft houses. He also mentioned high prices for goods. In summary, Mr. Strip said that he would be in favor of Council sub- sidizing the Mayor's trip and that he would favor contributing from the bed tax an amount equal to 50% of the expenses of about five or six people. Ms. Maurer said that she was generally in favor of the project and suggested that perhaps the schools would also send someone and perhaps eventually establish an exchange program. She also mentioned that the Irish Celebration will be doing a tape in Dublin on July 4th and that perhaps the Dublin delegation could take that tape to Irish television to use there. Mr. Amorose said that he felt that the project had a great deal of merit and said that he felt positive about it. Mr. Rozanski said that he felt that Council should send a representative whose trip would be subsidized from the General Fund; that the Convention and Visitors Bureau should probably send a representative from their own funds. He noted that of the approximately $193,000.00 bed tax funds having been allocated, that he had seen very little of the money being spent on the beautification of Dublin or used for the betterment of Dublin, Ohio. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting natio I .grcr&Hb Meet illg National Graphics Corp., Cols., o. Form No. 1097 f::,:{:Si>> Held _ May 16, 1988 19 r f - Page Seven Mr. Fearon said that he felt that the delegation from Dublin should represent the City in an appropriate manner, and that in order for that to happen that arrangements would need to be made as soon as possible. Mayor Close moved that the City send the Mayor to Dublin, Ireland with funds from the General Fund and allocate $6,000.00 from the Bed Tax Fund to send other representatives from the community. Mr. Rozanski seconded the motion. Mr. Strip wanted to go on record to encourage other organizations in the City to contribute to the fund, thereby enlarging the total fund, making it possible for a greater number of people to represent the City of Dublin. The vote on the motion was as follows: Mr. Strip, yes; Mr. Amorose, yes; Mr. Jankowski, no; Mr. Sutphen, yes; Mr, Rozanski, yes; Ms. Maurer, yes; Mayor Close, yes. Mr. Rozanski moved that representatives of the City Council, the Chamber of Commerce, the 1/1000 Committee, and the Convention and Visitors Bureau be appointed to the selection committee. Mr. Strip seconded the motion. The vote was unanimous in favor. It was agreed that the Mayor would represent the City of Dublin as the representative of Council, and it was also agreed that the Mayor would serve on the selection committee as a representative of Council. Limitation on Driveway Width Mayor Close commented that he had had a meeting with Mr. Smith about a proposal to resolve the problem. Two alternatives were discussed _ one, to request, informally, that the City Manager not enforce the Ordinance or two, that the existing ordinance be repealed and then Council could pass a new ordinance with an effective date as notice that the requirement will be enforced. Mr. Robert Zedeker who had appeared at the last Council meeting again stated that since he already had a three car garage and had been led to believe that he could have a wider driveway, that the ordinance ought not be suddenly enforced without prior notification to builders/ contractors/developers. Mr. Amorose commented that he felt that it was a matter of aesthetics as well as safety. Mr. Rozanski agreed that he did not feel that a driveway should be wider than the garage doors. Mr. Zedeker said that he wanted an approach that would be equal to his driveway width. Mr. Smith said that Council had two options - one, that an ordinance can be prepared rescinding the ordinance that is in place and then creating a new ordinance or amending the current ordinance to allow Councilmatic variances on individual cases. Ms. Maurer said that she felt that the safety issue was very important especially as regards the curb cut, noting that the purpose of a curb cut being that there are a smaller number of openings from which cars can come. Mr. Sutphen noted that he had counted a number of homes with driveways that were the width of the garages, and that he did not find them that objectionable. !I II II I II RECORD OF PROCEEDINGS M hlUtes of Dublin City Council Meeting ~.b M ect illg National Graphics Corp., Cols., O. Form No. 1097 .,.tG,'>' r l~= I I I I I Held May 16, 1 988 19 Page Eight There was discussion about subsequent enforcement of the ordinance and whether there should be a lead time and notice for bUilders/contractors/ developers stating that as of a certain date the ordinance of the City of Dublin will be enforced. Mr. Dev Pateriya who is having a home built in Donegal Cliffs described a similar situation to Mr. Zedekers - a three car garage and an extended driveway width and approach. Mr. Pateriya noted that as an engineer and being familiar with safety in industry that he did not believe a three car entrance creates that great a safety problem. He also said that he felt that the homeowner should have the privilege of deciding how his "housing should be". It was noted that the Code states that no driveway in a residential zoning district shall exceed 20 feet in width at the street right-of-way Mayor Close requested that Mr. Willis review the current Ordinance. Mr. Sutphen moved to allow a driveway width at the sidewalk to be no more than 27' on a three car garage until June 1, 1988; after June 1 they are to be in compliance with the Code or a building permit will not be issued. Mr. Jankowski seconded the motion. The vote was as follows: Mr. Sutphen, yes; Mr. Strip, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mr. Rozanski, yes; Mr. Jankowski, yes; Mayor Close, yes. Council Roundtable Discussion Ms. Maurer 1. Suggested that the City develop a smoking policy for the building; that an arrangement should be worked out so that non-smokers do not have to breathe smoke filled air. Mr. Amorose 1. A few residents have mentioned that there is some difficulty with the intersection of Summit View and Riverside Drive. Mr. Johnson said that a mercury light with a standard fixture has been installed at that intersection until a decision has been made as to what should be done on a more permanent basis. Mr. Rozanski 1. Expressed a concern about the fact that there was no fencing around the swimming pool construction site and the resulting danger and liability. Mr. Hansley said that the situation would be taken care of the first thing in the morning. Mayor Close 1. Noted that the first Council meeting in July falls on a holiday, and suggested that rather rescheduling the Council meeting around the holiday that Council have just one meeting in July, on the third Monday, unless there would be a hardship which would necessitate having a meeting. Ms. Maurer 1. Reported that she had had a number of complaints about not being able to get through the traffic light at S.R. 745 west of the bridge, and asked Mr. Willis when those signals would be changed. Mr. Willis said that he has the plans, the bid packet has been assembled for the advertising for replacing the two signals at RECORD OF PROCEEDINGS Minutes of Dub Un Ci ty COllnri] Meet i n..e ~.b Meet inf.!, National Graphics Corp., Cols., O. Form No. 1097 ""~" -r Held May 16, 1988 19 Page Nine the two intersections. He noted that the bid opening for the contract would be on June 13, and estimated that it will take up to 60 days to do the work, completion probably being mid-August. Mayor Close adjourned the meeting to Executive Session for discussion of personnel and legal matters at 9:31 P.M. 1If~ Mayor - Presiding Officer /l . ~ J~ ~ ri:- C'1erk of Cou cil