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HomeMy WebLinkAbout02/21/1989 RECORD OF PROCEEDINGS ~1linutes of Dublin City Council Meeting ~11ee~iti~; (1~_QI1al~ National Graphics Corp., Cols., O. Form No. 1097 a Held February 21, 1989 jJ The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Jan Rozanski at 7:30 P.M. on Tuesday, February 21, 1989. Mr. Jankowski led the Pledge of Allegiance. Members of Council present were: Mr. Amorose, Mr. Jankowski, Mrs. King, Ms. Maurer, Mayor Rozanski, Mr. Strip and Mr. Sutphen. Mr. Hansley, City Manager, and Mr. Banchefsky, Assistant Law Director, were also present as were the following members of City Staff: Mrs. Andres, Mr. Bowman, Ms. Clarke, Chief Ferrell, Lt. Geis, Mr. Harding, Mr. Jones, Ms. Leitzel, Mr. McDaniel, Ms. Newcomb, Ms. Prushing, and Mr. Willis. Mr. Amorose moved to approve the minutes of the February 6, 1989 meeting of Dublin City Council. Mr. Sutphen seconded the motion. Vote on approval of the minutes was 7-0. Presentation of Awards and Commendations to officers of the Dublin Police Division by Mayor Rozanski, with assistance from Chief Ferrell and Mr. Sutphen. Mayor Rozanski expressed the appreciation and thanks of Council as well as the citizens of Dublin to the officers of the Dublin Division of Police for a job well done. The following awards were presented to those in attendance at the meeting: Sgt. Ray Scharf First Star - Safe Driving Sgt. Greg Potts First Star - Safe Driving First Star - Service Sgt. VonEckartsberg First Star - Safe Driving First Star - Service Those receiving awards but not present were: Sgt. Louks Second Star - Service First Star - Safe Driving Ptl. Keck First Star - Service First Star - Safe Driving Ptl. Moody First Star - Service First Star - Safe Driving Sgt. Hungler Safe Driving Award Ptl. Pridham Certificate of Merit 24 Months Safe Driving Service Award Ptl. Ross Certificate of Merit 24 Months Safe Driving Service Award Ptl. S. Davis Certificate of Merit 24 Months Safe Driving Service Award Correspondence There was no objection to the transfer of a liquor permit, dba Stouffer's Dublin Hotel from the Stouffer Hotel Company to Stouffer Hotel Management Corporation. Ordinance No. 26-88 - Ordinance Providing for a Change of Zoning on 120.533 Acres Located on the Southwest Corner of Post Road and Avery Road. Public Hearing. Proponents registering were: Robert Schottenstein, Jim Houk, Frank Swinehart, Frank Elmer, Mark Magalotti, Chris Cline. There were no registering opponents. ~i i~ i RECORD OF PROCEEDINGS ~111nutes of Dublin City Council Meeting 1~1ee~ittt; ~Qi1~_ _ National Graphics Corp., Cols., O. Form No. 1097 " x'+~ Held February 21, 1989 j~ Page Two Mr. Bowman had the following comments regarding the application for rezoning: 1. The process for this Riverside Hospital rezoning request has involved approximately one year's time on the part of the applicant and the Dublin City Planning Staff. 2. Staff believes that this is a good zoning package; complete with appropriate and desirable land uses. 3. The site is almost 120 acres. Except for the former Cape Cod Inn site of approximately six acres which is zoned Community Commercial, the remainder of the site is presently zoned R-rural. 4. The applicant is requesting a rezoning to the Planned Commerce District. 5. The development includes office and institution on approximately 27 acres, retail uses on another 27 acres, and a hospital, medical offices and hotel on approximately 46 acres. 6. It will be a phased complex. 7. Riverside Hospital intends to maintain architectural control over the entire site, as well as all the development standards. 8. There is to be the same landscape buffer treatment along Post Road and Avery Road as to be employed as part of the Perimeter Center rezoning passed a few weeks ago. 9. The proposed roadway network will be compatible with that being done on the Perimeter Center site. 10. The funding for the first phase of the Avery Road improvements will be shared by the Perimeter Center developer, the City of Dublin and Riverside Hospital. ~ 11. Concurrent with the first phase of the Avery Road widening, the City also will be improving sections of Avery Road north from Post Road to the existing boulevard on Muirfield Drive where Indian Run Meadows and Muirfield Drive begin. 12. There are several items on the composite plan that have not been put on the application that will have to be dealth with specifically at the time of the Final Development Plan; items such as deed restrictions, some engineering and bike paths. 13. Much of the discussion regarding the application centered on potential traffic impacts to the Avery Road interchange. The plan has substantiall changed and been modified to address concerns, primarily the 8.6 acres being set aside and dedicated toward the completion of a westbound ramp and the possible addition of another ramp. 14. The City will be working with Riverside Hospital as well as the State of Ohio to provide for direct accress across that land into the Riverside Hospital site. 15. Staff feels strongly that direct access off the ramp will be best for Dublin's local traffic concerns, attempting to avoid as many left turns into the Riverside site off of Avery Road as possible. 16. The concerns of the Planning Commission such as architecture, parking, interior roadway connections, etc. are well articulated in the minutes of the Planning Commission meeting. 17. The developer/applicants will work with staff to provide better access to the Mast property to the north. Mr. Mast owns 14 acres yet to be incorporated with roadways, curb cuts, etc. 18. The Planning Commission voted 5-1 to recommend approval of the application with the following conditions: I~ i! RECORD OF PROCEEDINGS ~llinutes of Dublin City Council Meeting ~11ee~in~; ~ ~ I~ National Graphics Corp., Cols., O. Form No. 1097 Hel(1 February 21 , 1989 Page Three A. Finalization of roadway improvement agreement. B. Text corrections for clarity and consistency. (Ms. Clarke reports that has been done.) C. Dedication of necessary right-of-way and utility easements, including a 20 foot wide easement located adjacent to the proposed right-of-way of Avery Road and additional dedication of right-of-way along Post Road. D. Paragraph 3 of the proposed agreement regarding the reservation of the interchange subarea be amended to read, January 1, 1997. The above item dealt with the purchase terms for the 8.6 acres set aside for the proposed ramp. Staff, following discussions with the applicant, is recommending that the set aside be reserved for five years at which time Dublin may purchase the site at Riverside Hospital's cost. That would be strictly cost to purchase the property as well as a low interest rate that they would pay over that five years. After five years Dublin then would, if still desiring the property, purchase the property, that 8.6 acre set aside, and would then renegotiate the terms. 19. In addition to the zoning recommendation the Planning Commission moved to send a resolution to City Council stating, in a most firm way, that the rezoning was passed by the Planning Commission with the expectation that Council will put the roadway improvements as a highest priority on the Capital Improvements list. 20. As part of the traffic study that was done as part of the application identified were approximately 10 million dollars of improvements. Short term - improvements to Avery Road; improvements to the west- bound ramp which in the initial phase will be widened two full lanes but in the future three additional lanes will be required; need to construct another four lane bridge over U.S. 33 at Avery Road, more thank likely using the right-of-way of Old Avery Road. Long term improvements - a loop ramp carrying southbound Avery Road traffic to eastbound; perhaps the widening of U.S. 33/S.R. 161, a thi d lane in that direction from the Avery Road interchange to I-270. The first proponent speaking was Mr. Robert Schottenstein, representing the applicant, U.S. Health Care, a subsidiary of Riverside Hospital. Mr. Schottenstein had the following introductory remarks: 1. This is to be a rezoning of three tracts - the Wirchanski tract (113 acres), the Cape Cod Inn tract (22 to 3 acres), and another 4 acre tract previously owned by Solomon. 2. Request to rezone entire tract to Planned Commerce District. 3. Riverside Hospital has been looking at the Dublin area for over 10 years. 4. Since the early 1960s Riverside Hospital has been the hospital of choice for Dublin residents. 5. The hospital feels that there is a need in Dublin for more immediate and more available health care. 6. The present hospital campus on Rt. 315 is about 40 to 45 acres. 7. It was necessary to purchase the larger tract,and as a result the applicant sought to develop meaningful and appropriate land uses for the remaining acreage. Mr. Houk of Bohm-NBBJ discussed the proposed land uses. 1. The development will have mixed uses - the lower 45 acres will be developed in medically related uses; the center portion will be ringed in between roadways similar to the Perimeter Center site with about 25 acres of retail with a few acres of associated out- parcels; as well as an office development. II i ~i I~ I RECORD OF PROCEEDINGS ~lliittctes of Dublin City Council Meeting ~11ee~ing nf~al~ National Graphics Corp.. Cols., O. Form No. 1097 ¢ , February 21, 1989 lc~ ~Icld _ Page Four 2. Access to the location, according to plan, will be from two full service intersections that will allow for a continual straight-in from the ramp, relieving movements that would further compound those already on Avery Road. 3. Are working with O.D.O.T. (Ohio Department of Transportation). 4. Intensive standards have been adopted regarding controlled frontage on AVery Road - strict architectural standards; uses along Avery Road fronting internally; controlled low signage along Avery Road; sloped roofs; one story buildings. 5. Establishment along Avery Road of a major entry into the northwest portion of Dublin. 6. A landscape plan for the buffer on Post Road. 7. Architectural standards for the retail and office have been written to match Perimeter Center. Mr. Frank Swinehart, Senior Vice-President for U.S. Health Care, the parent company, discussed the medically related uses that are planned. he noted that in the first phase would be medical/office space to provide family practice care as well as certain subspecialties as well as an urgent care center and some diagnostic services (x-ray, laboratory, e.g.). The second phase will expand the medical office space as well as add out patient services. The third phase will be a full 100 bed in patient facility. He noted that each phase would be in a time frame of approxi- mately five years. Mr. Schottenstein said that with regard to the traffic issue that he had the following comments: 1. Riverside Hospital, the Perimeter Center developer and the City of Dublin have agreed to a partnership that calls for each party to pay for one third of the phase one improvement costs on Avery Road. 2. Regarding the interchange are of approximately 82 acres that has been set aside, or reserved, for future ramp completion. He said tha the applicant will continue to work with O.D.O.T. and assist Dublin in bringing that about. 3. Wilbur Smith Associates of Pittsburgh, an independent consultant, was hired by Riverside Hospital to analyze the interchanges, etc. and they have determined that there will be acceptable service levels for the area through 1999. Mr. Schottenstein said that the office intensity has been reduced by more than 15%, further enhancing the traffic situation. With regard to utilities, Mr. Schottenstein said that Riverside Hospital has employed the firm of EMH&T to properly assist in providing for all utilities, including drainage. He said that there will be no problem in providing easements, easements which Mr. Bowman rnentioned in his opening remarks. Mr. Schottenstein noted that the qualitative standards relative to land- scaping, buffering, hedges, roofs, and outparcels as well as the architectural standards will match those of Perimeter Center. He also noted that the deed restrictions will be made a part of the second stage of the zoning process. Mr. Schottenstein reported that they have met with various surrounding civic associations as well as with the Dublin Chamber of Commerce and that all have been very supportive of the proposal. Mr. Frank Elmer was present, representing Mr. Lowell Mast's interests, the owner of the property zoned office to the north of Post Road, west of Avery Road. i !I i RECORD OF PROCEEDINGS Jji~u~tes Of Dublin City Council Meeting illee~in~; 1'1~_Qf121~ National Graphics Corp., Cols., O. Form No. 1097 ~~:-r Helcj February 21, 1989 jg Page Five Mr. Elmer noted that planning activity for the area has started and that there were some concerns - the alignment of Perimeter Center Drive, the proposed handling of Post Road. He noted that moving the connection of Post Road and Perimeter Center Drive to the east of constructing a new small street from the new road north from Perimeter Drive to Mr. Mast's propery would greatly facilitate traffic flow on their site. He also commented that it had been mentioned that the engineering for the Muirfield Boulevard extension is now in process and that the 14 acre tract owned by the Masts will lose a significant portion of its frontage along Avery Road because of the curvature preferred by the engineer designing Muirfield Boulevard, and that access to this property will be reduced to right turn only. Mr. Elmer also mentioned that the buffering suggested by the applicant on Post Road proposes to further reduce visibility to the Mast site. He did say that they had been assured of cooperation by City staff with regard to their concerns. Mr. Chris Cline, speaking on behalf of the Post Road Homeowners Associatio and the Indian Run Meadows Residents Association said that both groups generally support the application and appreciated the cooperation of the developers with the residents in presenting their plan to them and allowing the residents to ask questions and express their concerns. Mr. Cline noted that they felt that the land uses were appropriate. He said that although they considered the traffic issues to be settled in the immediate area that they felt that there are going to be traffic needs that need to be addressed by the City, specifically the expansion of the interchange and that the southwest corner with the loop for South Avery to eastbound U.S. 33 is probably the most crucial traffic aspect that Dublin will face in the coming years. He noted that they felt that it would be a prudent approach from a municipal standpoint to deter- mine what land will be needed for the ramps and acquire said land. Mrs. King expressed her concern regarding traffic, and said that she would be more comfortable if there were an engineering drawing of the revisions to the cloverleaf and if the City were further in the process of getting O.D.O.T. approval. Mayor Rozanski said that he had discussed the situation with O.D.O.T. and that they will not even consider a ramp or cloverleaf until there is a sufficient amount of traffic to justify one; that you have to have a bottleneck before you can find a solution. With regard to a breakdown of cost of the 10 million dollars of improve- ments, Mr. Bowman said that the bridge itself will probably cost about 22 million dollars, possibly 3 million dollars; the ramp will be the most expensive with a high acquisition cost, business relocation as well as construction; that it would depend upon how well the office market continues and that if there would be clean industrial uses the traffic probably would be less; the addition on U.S. 33 will cost 2 to 3 million dollars. Mr. Bowman said that the total package of 10 million dollars could be spread out - the improvements, the loop ramp, the additional lanes on U.S. 33 - that the minimum would probably be within a 10 year time frame. Mr. Sutphen commented that he wanted to remind everyone that the south sid of U.S. {#3 will need to be addressed as well. Responding to a question from Mr. Strip, Mr. Schottenstein said that U.S. Health Care is a non-profit corporation affiliated with Riverside Hospital of the Ohio Western Council of the Methodist Church, and that as such are exempt from real estate taxes. It was also noted that the remainder of the uses on the site would not be exempt from real estate taxes. li I I III RECORD OF PROCEEDINGS Jfint~tes of Dublin City Council Meeting i'llee~ing `J~ ~a~_~ National Graphics Corp., Cols., O. Form No. 1097 Hell February 21 , 1989 lc~ Page Six Mayor Rozanski asked if there were any plans for the present Cape Cod structures. Mr. Schottenstein said that as soon as development begins that the structures would probably be razed. Mr. Sutphen suggested that it would present an ideal place to practice fire fighting. There will be a third reading of the Ordinance on March 6, 1989. Ordinance No. 112-88 - Ordinance Providing for a Change of Zoning on 14.814 Acres located on the North Side of Martin Road, West of Sawmill Road. Public Hearing. Mr. Deno Duros registered as a proponent. There were no registered opponents. Mr. Bowman had the following comments regarding the application: 1. The subject site is 14.82 acres located on the south side of the proposed StoneRidge Lane and north of Martin Road, approximately 1100 feet west of Sawmill Road. 2. The Concept Plan for this development was approved by the Planning and Zoning Commission on November 10, 1988 and Council approved the Concept Plan on November 19, 1988. 3. A previous application had been filed but was subsequently withdrawn by the applicant over a year ago. 4. This plan represents an assembly of 8 lots currently owned by 5 property owners. 5. The northern half of the land is currently zoned R-4; the southern half is zoned R-2. 6. The applicant is requesting approval of the revised Preliminary Development Plan, rezoning the property to a Planned Unit Develop- ment designation for 165 units, 135,000 square foot retirement center as well as condominium offices totalling 40,250 square feet. 7. The plan eliminates any access onto Martin Road; all vehicular access will be from StoneRidge Lane. 8. The retirement building will be two and three stories high due to the slope of the property. 9. Matching materials, the same features, the same architecture will be repeated as part of the offices. 10. The retirement center will contain a basic living unit of 550 square feet, large common areas, along with 60 to 65 care units. 11. Parking will be 90 spaces. 12. The offices will be fronting StoneRidge Lane. 13. The building/land ratio for the offices will be 8400 square feet which is less than the average 10,000 square foot office structure. 14. Staff recommends approval. 15. The Planning Commission also unanimously recommended approval with the following conditions: A. Complete final roadway of Stoneridge Lane as part of the first phase. B. Consolidate the curb cuts along StoneRidge Lane to promote traffic safety. C. Provide adequate parking for uses and appropriate buffering along all residential neighbors. D. Incorporate and/or relocate existing mature trees and land- scaping, and provide screening at the base of the electrical tower. Mr. Duros commented that he had agreed to the above conditions. He also noted that SToneRidge Lane is very important to the project and said that the JALL "people" are moving ahead with their portion of that road. He also commented that Phele Investment Properties which represents Stone- ridge Medical Center has already dedicated the right-of-way for the balance of that roadway to be put in. i RECORD OF PROCEEDINGS Jllnutes of Dublin City Council Meeting 11ee~titt~; National Graphics Corp., Cols., O. Form No. 1097 February 21, 1989 Held _ _ _ 19 Page Seven There will be a third and final reading of the Ordinance on March 6, 1989. Ordinance No. 11-89 - Ordinance Amending Chapter 1317.05 of the Dublin Codified Ordinances, "Construction Standards" to Regulate Driveway Widths. Public Hearing. There were no registered proponents or opponents. Mr. Bowman recalled that during the previous summer there were a couple of instances where driveway widths greater than allowed by Dublin Code were inadvertently approved through the building permit process. They were later discovered by inspectors and Council entertained two or three requests for wider driveway widths. The Planning Department reviewed the existing ordinance for purposes of updating and revising same. He noted that staff concluded that the Dublin ordinance is appropriate with some minor modifications with, especially, stricter enforcement standards. Mr. Bowman said that the Zoning Code will be the primary control of the driveway - widths, curb cuts, etc. He also said that a driveway as wide as a three car garage will be allowed but that it will taper to 20' at the front property line and 26' at the curb line. Staff, Mor Bowman said, will have some discretion and the Ordinance will allow for an appeals process whereby individual cases can be reviewed for hardship or special circumstances by the Board of Zoning Appeals. At the recommendation of staff, Mr. Sutphen moved to do away with the three time reading rule and treat as an emergency. Mr. Jankowski seconded the motion. Vote on the motion - Ms. Maurer, yes; Mr. Sutphen, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Jankowski, yes; Mr. Amorose, yes; Mr. Strip,yes. Vote on the Ordinance - Mr. Strip, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Jankowski, yes. Ordinance No. 12-89 - Ordinance Amending Chapter 1193.11 of the Dublin Codified Ordinances, "Driveways" to Regulate all Residential Driveway Wodths. Public Hearing. There were no registered proponents or opponents. Mr. Sutphen moved to do away with the three time reading rule and treat as an emergency. Mr. Jankowski seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Ms. Maurer, yes; Mr. Amorose, yes; Mr. Jankowski, yes. Vote on the Ordinance - Mr. Jankowski, yes; Ms. Maurer, yes; Mr. Sutphen, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Mr. Amorose moved to adjourn to Executive Session at 8:50 P.M. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Amorose, yes; Mr. Jankowski, yes; Mrs. King, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes. Mayor Rozanski reconvened the regular meeting at 9:12 P.M. l ~I I I~ RECORD OF PROCEEDINGS i11ll2utGS Of Dublin City Council Meeting ~~1L'e'~lilr; 9 National Graphics Corp., Cols., O. Form No. 1097 February 21, 1989 Held _ _ _ - 19 Page Eight Ordinance No. 127-88 - Ordinance Providing for a Change of Zoning on a 10 Acre Tract Located on the West Side of Village Parkway, South of Tuller Road. Third Reading. Mr. Frank Elmer reported that two weeks ago his client first learned, during the Public Hearing on this rezoning, about the need to solve some traffic problems in the construction and widening of Tuller Road, as well as grave concerns by members of Council regarding traffic. He mentioned a letter outlining their own traffic generation of approximately 165 cars spread out over a 12 hour working day. Mr. Elmer said that in the last two weeks they have been working with Mr. Thomas and the Dublin City Staff, attempting to bring about some resolution, but he also said that negotiations have not progressed. He said that they are unable to report any willingness to dedicate right-of- way on the part of Mr. Thomas to the City. He said also that they had learned that the AMC Theatre is considering an expansion. Mr. Elmer said that they were prepared to provide an option which might prove to be a better resolution to the situation, at less cost to the City, and that option would be that Mr. Vogel would dedicate all of the right-of-way for Shamrock Boulevard with the City shifting its capital expenditure from Tuller Road improvements to Shamrock Boulevard all the way to S.R. 161 Mr. Amorose commented that the developer is responsible for Shamrock Boulevard totally, and that the City should not get involved. He said that he felt that the real problem is the current condition of Tuller Road as well as the safety factor. He also said that he was not sure he was prepared to take Tuller Road back a year and pay for something, i.e., Shamrock Boulevard which the City might get for free. Mr. Elmer suggested that perhaps by taking the traffic off of Tuller Road that the safety issue might decline in importance. Mayor Rozanski said that Council has made a policy decision to improve Tuller Road, including a commitment to some of the property owners along the road to improve the road and, in addition, several landowners have given the City the necessary right-of-way. Several Council members noted that it would not necessarily be this applicant creating additional large volumes of traffic, but that this rezoning would be setting a precedent for commercial in the area, which would most definitely generate traffic problems. Mr. Dave Thomas, representing the Thomas family of 13 individuals, noted that the curve on the 400 foot radius on the eastern part of Tuller ~ Road has not yet been surveyed to indicate specifically how much land will be required. Mr. Thomas urged Council to approve the rezoning request. Although it had been suggested to Mr. Byers that he request tabling the application he said that could not, that he has "only two more days with Chevrolet". Mr. Amorose recalled that in earlier planning of Dublin that this particular area was designated as residential and that perhaps multi- family might be developed in the area. Ms. Maurer suggested that if there were multi-family that perhaps Tuller Road could be built as a limited two lane road, reducing the cost to the City. Mr. Strip also expressed concern regarding the cumulative effect as regards traffic and approval of this rezoning, and urged Mr. Byers to put off his request for a couple of weeks to allow time for further study and review. I I I~ I~ I~ RECORD OF PROCEEDINGS ~llintites Of Dublin City Council Meeting ~1leetin~; National Graphics Corp., Cols., O. Form No. 1097 Hcl(1 __Februar_y 21, 1989 _ Page Nine Mr. Willis said that the estimate of variance needed for the curve was determined by the consulting engineer who has been doing the design work on Tuller Road, following Council's request. He said that information had been conveyed to Mr. Byers and Mr. Thomas, but also said that there were no drawings, dimply estimates for land area required. Mr. Thomas said that they did not have sufficient specific information. Mr. Byers requested approval with the contingency that he and Mr. Thomas come to a satisfactory arrangement regarding the three-fourths of an acre needed for the curve. Ms. Maurer noted that she recalled that also discussed was additional right-of-way as well as the corner curve. She also pointed out that plots 2 and 3 as shown on the map, are in control of the Thomas family and that those areas are needed in order to widen Tuller Road. Mr. Sutphen moved to approve the rezoning request contingent upon Mr. Byers working out the radius with the City's Engineering Department and that he find a way to obtain the corner parcel property necessary for the radius roadway so that Tuller Road and Village Parkway will be continuous. Mr. Jankowski seconded the motion. Mr. Frank Byers addressed Council and said that he did not feel that traffic necessarily created or constituted a safety hazard. He also noted that he had not seen a report by a licensed traffic engineer which said that the traffic situation creates a safety hazard. Ms. Maurer moved to amend Mr. Sutphen's motion to include the entire right-of-way that is under the control of the Thomas family. Mr. Strip seconded the motion. Mr. Bowman said that the Thomas property description goes to the center- line on Tuller Road, noting that the real take would be 10 feet; therefore substantially reducing the actual right-of-way need to less than the 22 that was calculated to centerline. Vote on Mrs. Maurer's amendment to Mr. Sutphen's motion - Mr. Amorose, yes; Mr. Jankowski, no; Mrs. King, no; Ms. Maurer, yes; Mr. Strip, yes; Mr. Sutphen, no; Mayor Rozanski, no. Four "no"; three "yes". Vote on Mr. Sutphen's motion to amend the Ordinance - Mayor Rozanski, yes; Mr. Amorose, no; Mr. Sutphen, yes; Mr. Jankowski, yes Mrs. King, yes; Ms. Maurer, yes; Mr. Strip, no. Five "yes"; two "no". Mr. Willis told Mr. Byers that the information he requested with properly scaled and prepared drawings would be available within 30 days. Mayor Rozanski said that he thought that the majority of Council felt that the curve is the most important sector of getting the road, the project done in a manner that the City feels that it should be done; that there are several options available regarding the remainder of the right-of-way. Ordinance No. OS-89 - Ordinance Establishing Estimated Average Value of Land Per Acre for Park Fees in Lieu of Land Dedication. Third Reading. The vote on the Ordinance was - Mrs. King, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Ms. Maurer, yes; Mr. Amorose, yes; Mr. Jankowski, yes; Mr. Strip, yes. i I! ~I i RECORD OF PROCEEDINGS ~llinutes of Dublin City Council Meeting ~lleetin~; 9 II(.S National Graphics Corp., Cols., O. Form No. 1097 Held February_ 21 , 1989 _ _ jg Page Ten Ordinance No. 07-89 - Ordinance Authorizing a Contract for the Continued Employment of the City Manager. Third Reading. Vote on the Ordinance - Mr. Jankowski, yes; Mr. Strip, yes; Ms. Maurer, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mrs. King, yes; Mayor Rozanski, yes. Resolution No. 02-89 - Resolution Declaring Participation in Quincentennia Celebration with the City of Columbus. Third Reading. Vote on the Resolution - Mayor Rozanski, yes; Mrs. King, yes; Mr. Strip, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mr. Jankowski, yes; Mr. Sutphen, yes. Ordinance No. 18-89 - Ordinance Providing for a Change of Zoning on a 50.888 Acre Tract Located on the East Side of Coffman Road Approximately 1470 Feet South of Brand Road. First Reading. Mr. Amorose introduced the Ordinance. Mr. Amorose moved to refer the Ordinance to the Planning and Zoning Commission. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Amorose, yes; Mrs. King, yes; Mr. Sutphen, yes; Mr. Jankowski, yes; Ms. Maurer, yes; Mr. Strip, yes; Mayor Rozanski, yes. Ordinance No. 19-89 - Ordinance Adopting a New Functional Table of i Organization for the City of Dublin. First Reading. Ms. Maurer introduced the Ordinance. ms. Maurer moved to waive the three time reading rule and treat as an emergency. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Jankowski, yes; Mr. Strip, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Sutphen, yes; Ms. Maurer, yes. Vote on the Ordinance - Mr. Sutphen, yes; Mr. Jankowski, yes; Ms. Maurer, yes; Mr. Strip,yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Amorose, yes. Resolution No. 05-89 - Resolution of Support for Law Allowing Local Governments to Increase License Tag Fees for Funding Road and Bridge Construction and Maintenance. First Reading. Mr. Sutphen introduced the Resolution. Mr. Hansley reported that the office is requesting support for proposed legislation to the County Commissioners for the purpose of increasing license tag fees by $10.00, Bounty-wide. He noted that two public hearings have been scheduled. The monies will be used to fund road and bridge construction and maintenance in the county. Mayor Rozanski said that after talking with Mr. John Circle, County Engineer, recently that Mr. Circle indicated that our of the $10.00, $6.90 will stay in the county, $2.50 will go to the individual City, and the remainder will go to the township for road improvements. From the $6.90 the county maintains bridges within the municipalities. He noted that, for example, the county paid for the bridge on Dublin Road and Marion Street in 1988; the previous year the county paid for the bridge on Brand Road, west of Coffman Road. Also on the county schedule is the bridge on Coffman Road to the east of the Municipal Building. Mayor Rozanski said that since the City was planning improvements to Coffman Road that Mr. Circle said that if Dublin would be willing to do the engineering and arrange for the construction that the county would be willing to contribute monies toward construction. I' I RECORD OF PROCEEDINGS ~1lintstes of Dublin City Council Meeting ~1~1ee~in~; National Graphics Corp., Cols., O. Form No. 1097 ~'~=`i Hcl[I February 21, 1989 lc) Page Eleven Mr. Hansley pointed out that if Council would decide to support this legislation, and the county agrees to the increase then the City of Dublin cannot request an increase in fees for its own usage. Mr. Strip pointed out that this increase would only affect the Franklin County citizens of Dublin. Mr. Strip moved to waive the three time reading rule and treat as an emergency. Mr. Jankowski seconded the motion. Vote on the motion - Mr. Sutphen, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Jankowski, yes; Mrs. King, yes; Ms. Maurer, yes; Mr. Strip, yes. Vote on the Resolution - Mr. Jankowski, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mr. Strip, yes; Mrs. King, yes; Ms. Maurer, yes; Mayor Rozanski, yes. Other Request for Permission to Establish a Prohibited Sign Mr. Chris Reeder, national sales representative for High Fly Aerial Design, was requesting permission to put up an advertising balloon in the City of Dublin at the Germain Lincoln-Mercury automobile dealership on Sawmill Road. Mr. Reeder referred to conversations and correspondence with Mr. Mark Jones who reported that according to the Dublin Code a balloon would be considered a temporary portable sign, which is prohibited. Mr. Jones also said that a variance appeal would not be available to the Board of Zoning Appeals. Mr. Reeder said that they were proposing a 15' balloon which would comply with Dublin's ground sign size standards; that it would comply with Dublin's color standard in that there would be no more than three colors; that the balloon would be monitored 24 hours per day; that they would provide for upkeep; that the balloons are kept aloft by a blower working from a three pronged outled. He also said that they would be willing to work with Council as regards placement, illumination, etc. Mayor Rozanski pointed out that the Dublin Code does not allow billboards and that advertising indicating that this is a "proven new concept in outdoor promotional advertising that literally forces people to read your message. The billboard is a spectacular giant inflatable billboard in the shape of a hot air balloon" would lead on to believe that the concept or perception would be that this would be a billboard. Mr. Reeder mentioned a balloon, spotlights, etc. in the Sawmill Road area and it was noted that those are on the east side of Sawmill Road, in the City of Columbus. Mr. Sutphen moved to deny the request. Mr. Jankowski seconded the motion. Vote on the motion - Ms. Maurer, yes; Mr. STrip, yes; Mr. Jankowski, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mayor Rozanski, yes. Discussion Regarding Tara Hill Signage Mr. Harding spoke with regard to the risk management issue. He mentioned the Oakwood and Winwood cases, as well as the Law Director's memorandum of August 15, 1988 which stated that in their opinion the City is authorized, based upon sound traffic engineering considerations, to determine whether or not stop signs should be erected and maintained at a particular site within the jurisdiction. The Law Director's memorandum, Mr. Harding I~ I ~I I I~ I RECORD OF PROCEEDINGS ~ljl~iutes of Dublin City Council Meeting ~11eeYitt~ ICS National Graphics Corp., Cols., O. Form No. 1097 Held February 21, 1989 _ _ j~ Page Twelve reported, concludes by stating from a risk management standpoint, that it is their recommendation that whenever possible that the terms and pro- visions of the Ohio Manual of Uniformed Traffic Control Devices be complied with unless there are compelling reasons, supported by sound traffic engineering expertise, to support a deviation thereupon. Mr. Harding reported that he had been in contact with the City's liability insurance agent and that if the stop signs are left up, and if the underwriter is made fully aware of the exposure, that the underwriter could possibly increase the premium, choose to exclude this particular exposure from coverage or possibly cancel the coverage. Mr. Hansley said that he still felt that the signs could not legally be left up for speed control but that after reviewing Mr. Jankowski's memorandum that he did agree that the Winwood case does allow for other conditions such as site of park, location of high school, etc., and that perhaps, legally, the signs could remain. Mr. Banchefsky noted that the Ohio Manual of Uniform Traffic Control Devices specifies on all unincorporated areas of the State as to how and where traffic signals are to be placed, but that the Ohio Revised Code section mandates specific exceptions such as municipal corporations. He noted that from that standpoint that the City does have discretion as to where traffic control devices can be placed. mr. Banchefsky also said that there is case law where a City, exercising sound judgment based on sound engineering reaons; that the Court will uphold sovereign immunity as to placement of traffic control devices within a municipal corporation. Based on that information, he said, their office commissioned a study to determine what sound engineering would dictate and that sutdy said that the signs should come down. Based on that information, Mr. Banchefsky said, that it was the recommendation of the Law Director's office that the signs come down to minimize the City's legal liability as well as regards the risk management issue. Mayor Rozanski thanked the interested residents for their attendance at the meeting and for the many letters expressing concerns, as well as noting that members of Council are listening and attempting to respond to those concerns. Mr. Jankowski recalled that the signs were placed on Tara Hi11 as a result of concerns expressed by citizens. Subsequently, residents of Indian Run Meadows requested stop signs. As a result of that request the City Manager, the Safety Committee and the Police Department looked into the situation and determined that the signs on Tara Hill were not in conformance with the Ohio Manual of Uniform Traffic Control Devices. Following that determination, petitions were received, signed by approximately 600 residents, requesting that the signs remain. Citing the Winwood case, Mr. Jankowski said that he believes that it gives a City the ability to make a sound policy decision for the health, safety and welfare of the public without having a sound engineering study. With regard to the legal issue, Mr. Jankowski said that it will not get resolved until an actual case is brought forward. As regards the liability issue the City knows that it is covered at least until November 11, 1989. Mr. Jankowski said that he felt that the real issue was whether Council feels that the signs serve a purpose - do they protect the health, safety and welfare of pedestrians, motorists and children. He noted that he felt that there were contributing factors for keeping i i i RECORD OF PROCEEDINGS dlirtutes of Dublin City Council Meeting !~leeti?t~; g ICS National Graphics Corp., Cols., O. Form No. 1097 ~lel[I February 21, 1989 lc~ Page Thirteen the signs in place on Tara Hi11 - the length of the street, its width, the high school, access to the park, high density residential population with children on bicycles, joggers as well as construction traffic. Mr. Jankowski also pointed out that during the next school year, high school students living within a mile of the school will not have bus transportation available. In conclusion Mr. Jankowski said that he felt that the public safety issues far outweigh any potential legal liability or insurance issues, and that public safety and general welfare demands that the signs be maintained. Mr. Strip, with agreement from Mr. Harding, indicated that there is no indication from the insurance carrier that they may change their coverage.. Ms. Maurer noted that she had met with residents of the area. She also said that she felt that residents were saying that drivers were not stopping at the stop signs, that they were rolling through the signs, not respecting the signs, noting that traffic engineers would say that unwarranted signs should not be installed because they tend to create a general disrespect for traffic control devices. Ms. Maurer also said that she felt that controlling speed, etc. is a cooperative effort between Dublin Police and the residents; that the City can make sure that the Police Department patrols the streets, but that the citizens have a responsibility as well - to treat Tara Hi11 Drive as a collector street. Mr. Amorose recalled that when rezoning Hemingway, Indian Run Meadow, etc. that it was decided that there was a need to eliminate or alleviate a portion of the traffic from Coffman Road and direct it to Muirfield Boulevard. He noted, however, that Tara HI11 has become a real traffic problem as far as speed and safety. Mrs. King said that her concern was that if the stop signs were to remain that they should remain under a written set of adopted criteria, uniformly appled, which would govern other cases in the future, and that a policy needs to be developed to govern the placement of stop signs. Mayor Rozanski said that in his position as Mayor/Judge that his perception of the situation may be a little more unique; that whatever Council decides will give him a precedent for enforcement in Mayor's Court. He noted that through conversation and review he had determined that a greater than average portion of the speeding tickets issued on Tara HIll Drive are held by local residents and that local residents will need to patrol themselves to make a conscious effort to control their own speed so all are safe. Mayor Rozanski also noted that a first offense for speeding is a minor misdemeanor with an allowable $100.00 fine, but that in most cases those fines do not come before Mayor's Court but can be paid. It was agreed that designated crosswalk markings would still require enforcement. A resident of Conquistador Court discussed the fact that he did not feel that enforcement by the Police Department was adequate, and he also mentioned the lack of safety for pedestrians -adults, children, semi- handicapped. Chief Ferrell responded by saying that the Police Department has put a great deal of effort into patrolling the street for speed violators; that they realize that it is a problem and is a priority. He did note, however, that the Police Department is responsible for 20 some square miles which they must patrol. He also said that from an accident standpoint that Tara HI11 is not a problem. ii RECORD OF PROCEEDINGS ~1li~tutes of Dublin City Council Meeting !11ee~iitr; National Graphics Corp., Cols., O. Form No. 1097 ~'"+v; Held February. 21, 1989 _ _ _ j~ Page Fourteen Mr. Pete Johnson a resident of Tara Hill, and associated with the insurance business, briefly discussed the liability issue, stating that if such an issue came to an underwriter's attention that he felt that the underwriter would be more concerned with the overall loss prevention activities of an insured rather than a specific issue or happening. Mr. Doug Kennedy, attorney, apoke with regard to the City's legal liability and said that he felt that the greater liability for the City would be to take the stop signs down and that the City has discretion in such a matter. The President of the Hemingway CivicAssociation said that if a standard were to be developed that it would need to include factors/situations discussed - length of the street, homes that sit back on that collector street, the number of residents on that collector street, the high school at the end of the street, the incomplete sidewalk, etc. factors which present a unique situation. Responding to a question from a resident it was noted that the traffic study was done on December 8, 1988. A resident of 01d Pond Drive said that he purchased his home for traffic control reasons, that 01d Pond Drive, a two block street, has a stop sign at both ends. Another resident requested that additional consideration be given to stop signs continuing further on Muirfield Drive. Mr. Strip commented that he felt that this Council is a very caring Council, responding to citiznes' complaints and concerns. Following additional discussion, Mr. Jankowski moved to pass a resolution exempting the three stop signs on Tara Hill, the one at Scribner Way and Old Pond Drive and the one at Literary Lane and Adventure Drive from the prior resolution to bring all traffic control devices within the the parameters of the Ohio Manual of Uniform Traffic Control Devices for the following reaons: 1. Length of Tara Hill Drive 2. Width of Tara Hill Drive 3. Existence of a high school at one end 4. Existence of a park in the middle 5. Proximity of the houses to the right-of-way. 6. Considerable pedestrian traffic. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Jankowski, yes; Mr. Sutphen, yes; Mrs. King, yes; Mr. Amorose, yes; Ms. Maurer, yes; Mr. Strip, yes; Mayor Rozanski, yes. Finance Committe's Recommendations and Discussion Regarding Allocation of Bed Tax Funds. Mr. Jankowski referred to his memorandum regarding the recommendations of the Finance Committee concerning the applications for allocation of bed tax funds for 1989. He said that letters had been sent to applicants regarding the recommendations of the Finance Committee, listing the reasons for said recommendations and giving the opportunity for applicants to present their views before Council as a whole. Gateway Project - Ms. Mary Newcomb and Ms. Sarah Andres presented a plan regarding the proposed gateway project at U.S. 33/S.R. 161. Ms. Newcomb I i~ I I RECORD OF PROCEEDINGS ~lliliutes Of Dublin City Council Meeting ~l7ee~in~; 9 ~ National Graphics Corp., Cols., O. Form No. 1097 ~ -1 Held February 21, 1989 _ _ _ 1~) Page Fifteen presented a plan for the first gateway project for the southwest corner of Bridge Street and Riverside Drive, the large island at the inter- section. She noted that the plan will serve as a gateway to the City of Dublin but would also be a memorial to Kay Chambers, as well as the first Ameriflor project. She said that the plan will incorporate a flagpole with the American flag, possibly an Ohio flag, with such Dublin image builders as a stone wall, daylilies, as well as a view of the bridge. Ms. Newcomb said that the total cost for this gateway would be $20,000.00 and that Mr. Willard Chambers had donated a substantial amount of money toward the project as well, and in addition, donated volunteer help for clearing, etc. She said that the plan had been reviewed and approved by the Dublin Tree and Landscape Advisory Commission. Responding to a question from Mr. Strip, Ms. Newcomb said that this would be a perceived gateway, not being one of the actual boundaries of Dublin, but that there will be a tie-in with stone walls, daylilies, etc. that will be seen in the other gateways, giving notice that one has "arrived in Dublin". Mr. Amorose suggested tieing in some way the other three small islands in the vicinity, perhaps with grading and seeding as well as perhaps incorporation of the two perennial beds. Mr. Chambers agreed that a proposed plaque would be subject to approval of the landscape architect and Council. Ms. Andres requested clarification with regard to the Finance Committee's recommendation that the gateways be approved on a one by one basis. Mr. Jankowski said that the feeling of the Finance Committee was that the initial request for $30,000.00 for six gateways was not adequate and that their direction was that they would like to see the plans for one and then authorize funds for completion of several others. He noted that the Finance Committee considered this to be a very worthwhile project and did not want monetary constraints to impede such a desirable project. Mayor Rozanski said that he felt that Council would prefer to see something different in each gateway project, something unique in each one. Mr. Jankowski moved to appropriate $25,000.00 for the Riverside Gateway Project, including the small islands in the project as well. Mr. Sutphen seconded the motion. Vote - Ms. Maurer, yes; Mr. Strip, yes; Mr. Jankowski, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mrs. King, yes. Mr. Robert Burda, President of the Dublin Arts Council, said that the Council appreciated Council's consideration of their bed tax request and that there were agreeable to the funding level as stated and recommended by the Finance Committee. Mr. Burda reminded those present that one year ago, on behalf of the Dublin Arts Council, the City Council undertook an ambitious project when they put in place the Art in Public Places Project. He noted that the concept of public art is a risky project because no one can guarantee that the ultimate is going to be liked by everyone. He said that the Dublin Arts Council could assure Council that the project would be available to everyone, that it will be of the highest possible quality with the best selected jurors for this type of project. Mr. Burda commented regarding the fact that one of the primary goals for the Dublin Arts Council is to continue to emphasize within the boundaries of fiscal responsibility of bringing only quality art to the City of Dub1i . i i~ ~I RECORD OF PROCEEDINGS J7il12ctes of Dublin City Council Meeting dlee~itlr; 9 ICS National Graphics Corp., Cols., O. Form No. 1097 ~lel[I February 21, ..1989 jg Page Sixteen He noted that quality art and education are the two primary goals of the Dublin Arts Council. He mentioned the Arts in Residency Program, major productions, the lecture series, the visual arts series, a scholarship program, the fine arts awards, etc. Responding to a question from Mr. Jankowski, Mr. Burda said that with regard to the $70,000.00 allocation for the Art in Public Places Project that there are no material additional costs beyond the $70,000.00; that if there were to be any additional expenses they would be for, perhaps, a public ceremony for the unveiling of the selected scupture. Mr. Jankowski moved to approve the allocation of $125,000.00 to the Dublin Arts Council. Ms. Maurer seconded the motion. Vote on the motion - Ms. Maurer, yes; Mr. Strip, yes; Mr. Jankowski, yes; Mayor Rozanski, yes; r1r. Amorose, yes; Mr. Sutphen, yes; Mrs. King, yes. Comments from Staff Ms. Prushing reported to Council that legislation is being prepared to be presented at the next Council meeting to authorize issuance of notes for the maintenance/service complex. She said that in an effort to speed up the process that she will be sending notices to all financial institutions prior to the meeting, but that the bid contract would not be awarded until after Council approval. Mr. Bowman requested that Council consider scheduling a special meeting, adjourning to Executive Session, for the purpose of discussion of possible land acquisition. The meeting was scheduled for Monday, February 27, 1989 at 7:30 P.M. Comments from Citizens None Council Roundtable Discussion 1. Mr. Jankowski A. Said that he felt that a feasibility study should be conducted regarding the advisability of a third bridge over the river. Mr. Hansley reported that monies have been budgeted to conduct such a study. B. Regarding the inadequacy of the microphones. Mr. Hansley said that plans are underway for a renovation of the Council Chambers and that the present sound system will be replaced at that time. 2. Mr. Sutphen A. Suggested that with regard to a feasibility study regarding a bridge across the Scioto that more than one site should be considered in said study. B. Suggested that a traffic study be conducted regarding the roadway system on the east side of the river. It was agreed that Mr. Bowman would present an update on plans regarding same at the Safety Committee meeting on Friday February 24, 1989 at 8:30 A.M. I~ ~I I RECORD OF PROCEEDINGS i11i?tutes Of Dublin City Council Meeting ~~1E'B~l~lr; 9 ICS National Graphics Corp., Cols., O. Form No. 1097 He(c( February 21, .1989. _ ]c~ Page Seventeen C. Mentioned the letter from a resident of Waterford Village regarding the safety issue with regard to the number of u-turns being made at Monterey Drive and Frantz Road. Mr. Amorose A. Requested that green lines be painted on the streets - from Waterford Drive to the Library and perhaps from the bridge to Frantz Road on S.R. 161 for St. Patrick's Day. Mr. Hansley mentioned liability issues involved as well as weather factors as they affect the application of the appropriat paint It was agreed that it should be done. Ms. Maurer A. Said that she appreciated the new lectern. B. Mrs. King moved to appoint Ms. Maurer as the Council representa- tive to M.O.R.P.C. Mr. Sutphen seconded the motion. Vote - Mr. Amorose, yes; Mrs. King, yes; Mr. Strip, yes; Ms. Maurer, yes; Mayor Rozanski, yes; Mr. Jankowski, yes; Mr. Sutphe , yes. C. Mentioned that she had discussed with several Council persons about the possibility of using bed tax funds to hire a Special Events Coordinator for the City. Suggested having persons who function in such a capacity speak to Council. It was also suggested that expenses for maintenance and security for special events such as the Dublin Arts Festival might possibly come out of the bed tax funds. Mr. Hansley said that the budget is set up so that Council, by motion, can approve those funds to come out of the appropriate department budgets D. Announced that she would be attending a seminar in Florida on Resource Recovery sponsored by the National League of Cities. Mr. Strip A. Mentioned his concern regarding traffic crossing the bridge into Dublin and suggested a report and/or study be provided regarding the left turn lane, noting that he felt that it is that one lane which causes the backup across the bridge and all the way down to Martin Road. Mayor Rozanski A. Thanked the following people for their service to the City, those persons who for approximately 18 hours interviewed 31 candidates for positions in the Police Department. Sgt. Heinz VonEckartsberg Ptl. Scott Davis i RECORD OF PROCEEDINGS ~~1i?tutes of Dublin City Council Meeting illee~i?t~; National Graphics Corp., Cols., O. Form No. 1097 field February 21, 1989 IJ Page Eighteen Ptl. Timothy Jones Ms. Janet Jordan Mr. David Harding Rev. Coyt Carroll Mr. Rick Fenton Mrs. Cathy Erickson Mr. Vern Metz Mayor Rozanski adjourned the meeting at 12:07 P.M. 7.. May r - Presidi Officer lei rk of -~unc~l i I I