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HomeMy WebLinkAbout05/17/1993 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting DAYTON I EGAL BLANK CO, FORM NO. 10148 Helti May 17, 1993 19_ The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Jan Rozanski at 7:30 p.m. on Monday, May 17, 1993, and Mrs. King led the Pledge of Allegiance. Members of Council present for roll call were: Mr. Sutphen, Mr. Campbell, Mrs. King, Mayor Rozanski, and Mr. Strip. Mr. Kranstuber arrived at 7:50 p.m. Mr. Amorose was absent (excused). Mr. Hansley, City Manager and Mr. Smith, Law Director were also present. Approval of Minutes of April 27 and May 3. 1993 Meetin2s Mr. Campbell moved to approve the minutes of April 27. Mrs. King seconded the motion. Vote on the Motion - Mr. Sutphen, abstain; Mayor Rozanski, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Strip, yes. Mr. Sutphen moved to approve the minutes of May 3. Mrs. King seconded the motion. Vote on the Motion - Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes. I I i , I I I I I I [ I I ii Mr. Hansley deferred to Mr. Kindra for comment. Mr. Kindra recalled that one location with this II condition is noted in the report, but it must be substantiated prior to taking any action. He added II that he has also received a letter from Ms. Wood regarding a neighbor who is not properly I' II maintaining their portion of the stream. Staff will review this and send a letter to the property II owner. II I, I I I Correspondence The clerk reported that there was no correspondence to Council. Comments from Visitors Marcia Wood. 4300 Bright Road, has reviewed the stream survey recently completed by the Engineering division and notes that there is an immediate health risk at many locations where raw sewage and medical waste is being dumped into the streams. She added that children sometimes play in these areas. She asked that the City of Dublin contact the Franklin County Board of Health to investigate the conditions. Faye Herriott. Upper Arlington resident, asked if the hotel/motel tax applications would be discussed this evening. Mr. Strip responded that the Finance Committee has met regarding the Caddyshack event application and a response letter will be sent in the next day or two. He invited Ms. Herriott to call him for further information about the recommendation. Commendation Mr. Hansley announced that the City's employee public service recognition program, "Definitely a Good Catch" is now underway, and proceeded to give a commendation to Maintenance Superintendent Danny Johnson for his excellent service and responsiveness to the citizens of Dublin over the years. Other employees who have been recognized in the program will be given awards in the coming weeks. I Proclamation Mayor Rozanski read a proclamation declaring the week of May 24th as "Buckle Up! America Week" in the City of Dublin. Chief Ferrell accepted the proclamation on behalf of the City. Le2is1ation Ordinance No. 25-93 (Amended) - An Ordinance Repealing the Existing Chapter 1191 of the Planning and Zoning Code of the Dublin Codified Ordinances and Proposing a New Chapter 1191 Architectural Review). (public Hearing) Mayor Rozanski asked that proponents and opponents sign in. Registered as proponents were Lowell Mast, 6759 Avery Road and Marian Vance, 4143 MacDuff. Registered as opponents were Hal Moffat, 195 Franklin St., Heidi Dewald, 171 Franklin St. and Harry Hirth, 150 Franklin St. Mary Newcomb gave a staff presentation about the proposed changes to the Code. She explained that the Architectural Review Board and the Old Dublin Association studied the requirements to i obtain the status of a certified local government. The certified local government program promotes the preservation of prehistoric and historic sites, structures, objects, buildings and historic districts Minutes of RECORD OF Dublin City Council Meeting Meeting PROCEEDINGS Page 2 DAYTON lEGAl BLANK co. FORM NO. 10148 Helti May 17, 1993 19_ by establishing a partnership with the Ohio Historical Preservation Office and a local government. This certification makes the city eligible for grants and to receive technical and advisory services from the Ohio Historical Preservation office. The grants are 50/50 matching, and eligible activities include public education programs, development of comprehensive historic preservation plans, research and other activities which promote the community's cultural resources. The certified local government status also has a formal role in the National Place of Historic Places review process. Changes to the Code include the following: 1. The area has been broken into two districts, the Bridge Street/High Street district and the Franklin Street district. Additions to the existing district include the Scioto River, portions of the East bank, half of Franklin Street and 12 properties within the City limits which are listed on the Ohio Historical inventory. Future annexations of areas which include properties on the inventory will automatically be included on the historic district list. 2. Single family landscaping will be excluded from review unless it involves grading or removal of trees. 3. The addition of designation of landmarks and preservation districts and procedures for establishing same. This is a requirement of the certified local government program 4. Changes have been made to design requirements, signs, and the ordinance includes an expanded area on demolition. The Architectural Review Board recommended approval of the ordinance at its February 24 meeting, and Planning and Zoning Commission recommended approval at its April 8 meeting. Notices were mailed to property owners in April. In response to Mayor Rozanski's question, Ms. Newcomb stated that Franklin Street was included in the district because it was identified in the Old Dublin Master Plan study as a unique neighborhood. Mr. Sutphen expressed concern about adding another layer of bureaucracy for homeowners on Franklin Street in cases where the properties are only 15 years old. He also wants further clarification on how these changes would affect commercial properties in Old Dublin, i.e. remodelings for new tenants. Mr. Campbell requested a copy of the ordinance highlighting the proposed changes to the existing ordinance. Ms. Newcomb agreed to provide this. He also asked for the rationale for including houses on the historic register which are not already in the Dublin Historic District. He is concerned about imposing regulations on property owners which did not exist when they purchased their properties. Ms. Newcomb responded that the properties added are the community's historical resources. Staff believes these structures are important to preserve through review processes established for them. She added that copies of the ordinance were sent to the property owners to be added to the list, and she has had no objections from these people. Lowell Mast. 6759 Avery Road. stated that if the City of Dublin seeks certified local government status, the entire community must be certified and operated under the same guidelines as the historic district. Thus all properties currently included on the historic register will have to be included in the historic district. He views the changes as a commitment by the community and the government to their historic past and to recognizing cultural resources, and giving the community the responsibility of updating and maintaining the list. Mr. Campbell asked Mr. Mast what the advantages are for the city in being designated as a certified local government. Mr. Mast responded that the advantage would be the partnership created between the Architectural Review Board and the Ohio Historical Society. It would provide educational opportunities for the Board and for the community. The certified status would also provide opportunities to apply for matching grants for study and designs. The ARB is in need of better guidelines to review properties. Mr. Campbell asked if Council enacts this legislation, and includes properties outside the current historic district which are on the historic register, would these property owners then have any recourse, such as removing their properties from the historic register? Mr. Mast stated that there is a process for removing a property from the historic register. It calls for a hearing, and testimony from adjacent property owners. i r--- I Ii I Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 3 Meeting DAYTON I FGAI BLANK CO. FORM NO. 10148 Helti May 17, 1993 19 ,~ Marian Vance. 4143 MacDuff, stated that she serves as Chairman of the Architectural Review Board. She emphasized that there are currently few certified local governments in the state, and thus the chances for attaining this status and eligibility for grants is very good at this time. It may be more difficult in the future to attain the status as more cities apply. It is also very important to preserve all historic areas around the City of Dublin. She added that the Board is very receptive to applicants who come before them. The Board wants to prevent more demolition of buildings in Old Dublin and wants to encourage rehab of buildings. Hal Moffat. 195 Franklin Street, stated that his property lies at the southern end of Franklin Street in a group of 4 houses that are 15 years old. He does not believe these 4 houses are historic structures. He believes this ordinance would place an unfair burden on property owners who would be required to have paint colors, etc. reviewed by the ARB. There is no benefit to the additional bureaucracy or to being a certified local government. Heidi Dewald. 171 Franklin Street, commented that they have recently purchased their home which is approximately 42 years old. She is concerned about the amount of remodeling and repair needed for their home, and the time element involved in additional review requirements by an ARB. She is unclear about the advantages of the certified local government status. She believes there are political implications to this effort. Harry Hirth. 150 Franklin Street, shares Mayor Rozanski's concern about the inclusion of 40-year old houses in an historical district. He noted that one house on the list was torn down three or four years ago. He does not believe the southern part of Franklin Street should be included. Mrs. King agreed that she is not convinced that southern Franklin Street should be included in the new boundaries. If other members of Council concur, perhaps an amendment would be in order prior to the time it is voted upon. She also emphasized the importance of a systematic approach to amending existing sections of the code, red-lining the changes. She requested that this become a standard operating procedure. She noted that there are benefits to becoming a certified local government, as recently evident in the demolition of an historic property in downtown Columbus. She added that there is no political motive in this proposal; it was something offered as a service by the Ohio Historical Society and picked up on by the ARB. Mr. Campbell agreed that the properties on southern Franklin Street should not be included if owners are opposed to it. While he agrees with preserving historic structures outside of the current historical district, he still has concerns about imposing another layer of government upon them after they purchased the property. He notes that in the newly proposed "appeals" process for this section, the BZA is the next body for appeal. But the only basis on which the BZA or Council can make a reversal is if they find an error as a matter of law. He does not believe that either the BZA or Council could make this determination which actually belongs in the courts. If, in fact, the BZA or Council does have the authority to make a decision about what is an error as a matter of law, they should at least be able to make a determination as to what is an error as a matter of fact. As presently drafted, the ordinance does not permit BZA or Council to do fact-finding but requires them to determine errors as a matter of law. Mr. Kranstuber expressed agreement about the southern Franklin Street inclusion as stated by other Council members. He believes the ordinance needs further study prior to a vote. ....' ""~ Mayor Rozanski expressed concern that the two houses whose side yards face Franklin Street with frontage on Waterford Drive will not be included. They are certainly a part of the Franklin Street neighborhood. Ms. Newcomb also pointed out that the present historic district already includes a portion of Franklin Street. The creation of the Franklin Street district is designed to allow for different guidelines for this newer area. Discussion followed about the notification of Franklin Street property owners who are being added to the district as well as the properties in the outlying districts being added. Mr. Strip moved that the ordinance be referred to the Land Use Committee so that the ordinance can be reviewed in depth with the residents affected by the changes. Mr. Campbell seconded the motion. Mr. Campbell added that all of the property owners affected by the changes, i.e. Franklin Street Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 4 Meeting DAYTON I FGAI BLANK CO. FORM NO. 10148 Helti May 17, 1993 19 additions and the historic structures outside the present boundaries, could be invited to a Committee meeting to discuss the ordinance. '!ii'i Mr. Strip suggested that they meet at the Chamber for one evening for discussion. The Committee would then report back to Council as a whole with a recommendation. Mr. Campbell agreed to do so. Ii Vote on the Motion - Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Campbell, yes. Ordinance No. 22-93 - An Ordinance to Establish an Estimated Average Value of Land Per Acre for Park Fees in Lieu of Land Dedication as Required in the Dublin Codified Ordinances Section 1l09.02(c), and to Amend Said Section. (Third Reading) Mr. Hansley noted that staff recommends adoption of this update of fees to reflect current market values. Vote on the Ordinance - Mr. Strip, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mr. Sutphen, yes. Ordinance No. 23-93 - An Ordinance Repealing Ordinance No. 17-90 ("Compensation Plan") and All Amendments Thereto (Ordinances 47-90,37-90,51-90,72-90,107-90,21-91,12-92,89- 92, and 97-92) and Adopting in Lieu Thereof a New Compensation Plan for the City of Dublin. (Third Reading) Mr. Hansley stated that staff is recommending that this legislation be tabled since Council had previously referred the matter to the Personnel Board of Review who are meeting this week with Mr. Harding. Mayor Rozanski suggested that this be tabled for one meeting until the Board could report back to Council. Mr. Sutphen moved to table the ordinance until the June 7 Council meeting. Mr. Strip seconded the motion. Vote on the Motion - Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes. Ordinance No. 28-93 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Fraternal Order of Police Capital City Lodge #9 Regarding Wages, Hours, Terms and Conditions of Employment. (Third Reading) Mr. Hansley stated that the contract is already in effect under state statute, as explained at the last Council meeting. Council can now either take action or take no action; regardless, the contract is already in effect. Mayor Rozanski stated that if Council takes no action, it will remain an agenda item. If Council tables it indefinitely, it will not be included on future agendas. Mr. Strip stated that Council has expressed their dissatisfaction with the contract process; he suggested that closure be brought to the issue. Mrs. King expressed concern about confusing the record by voting to endorse the contract at this point. She moved to table the ordinance indefinitely. There was no second to the motion. Mr. Campbell moved to call the question. Mr. Sutphen seconded the motion. Vote on the Ordinance - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, no; Mayor Rozanski, yes; Mr. Sutphen, no; Mr. Strip, yes. Resolution No. 5-93 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 26.976+/- Acres from Jerome Township, Union County to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code. (Second Reading) Mr. Hansley reported there is no additional information on this resolution. A third reading will be held at the June 7 Council meeting. Resolution No. 7-93 - A Resolution Authorizing the City Manager to Convey an Easement in the Open Park Space Along Cosgray Road to Ohio Bell Telephone Company for Installation and Maintenance of Underground Communication Systems. (Second Reading) Mr. Hansley stated that staff requests adoption by emergency tonight as this affects phone service to a resident west of the park. Mrs. King moved to waive the three-time reading rule and treat as emergency legislation. Mr. Kranstuber seconded the motion. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 5 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Helti May 17, 1993 19 .,~"....."^", Vote on the Motion - Mr. Strip, yes; Mr. Sutphen, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Kranstuber, yes. Vote on the Resolution - Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Sutphen, yes. Ordinance No. 33-93 - An Ordinance Amending Chapter 1183 of the Dublin Codified III, Ordinances (planning and Zoning Code) to Regulate Percentage of Building and Parking Coverage Permitted Per Lot. (Second Reading) I Ms. Newcomb stated that a public hearing is scheduled for the June 7 Council meeting at the time I of third reading. This new regulation would limit the amount of building and parking coverage permitted on a lot. Currently, Dublin directly restricts lot coverage in the Corridor Development I District only. Staff has researched zoning codes from other cities and through the American Planning Association. Information has been compiled and was contained in the Council packets. Dublin is one of the few communities which has not set maximum levels of lot coverage or a commercial maximum building height. The Planning & Zoning Commission has recommended approval of the ordinance. Copies of the ordinance and a notice of the public hearing have been mailed to members of the development community. There are three additions being recommended to the existing Code: 1. Maximum lot coverage of70 percent for the following zoning districts: R-12, SO, NC, CC, RI, LI, GI, OLR, Excavation and Quarry, Oil and Gas District, and exceptional use districts. 2. Maximum lot coverage of 80 percent for the following zoning districts: CCC and CB. 3. Height restriction of 35 feet in all zoning districts unless otherwise approved by Planning & Zoning or the Board of Zoning Appeals. She clarified that P&Z would approve height variances for a planned district and the BZA would approve height variances for a conventional zoning district. Mr. Kranstuber commented that the Land Use Committee has endorsed the concept of these changes. Mr. Sutphen was concerned about the affect a height restriction would have on future commercial development. Mayor Rozanski shared this concern. Ms. Clarke responded that for future buildings in areas like Metro Center, the final development plan review would include whether the proposed building would fit in with the rest of the park. Planning Commission has always been supportive of commercial development and the establishment of appropriate levels of commercial tax base to support the services in the community. Mrs. King suggested that the height could be restricted except for within certain zoning classifications, such as the freeway office use classification. She also asked about other central Ohio communities which have similar lot coverage ordinances. Ms. Newcomb responded that Westerville has lot coverage restrictions in all of their commercial and industrial districts. Their percentages range from 85 to 90 percent. Worthington has a lot coverage ordinance in some of their commercial districts based on ground coverage of the building only. Gahanna has a lot coverage ordinance, and Columbus has a lot coverage ordinance in their institutional use district. Mrs. King asked for clarification of the new portions of the ordinance as shown in the underlined areas. Ms. Newcomb responded that what is underlined is a totally new section under General Development Standards which will address maximum lot coverage in zoning districts. Mr. Campbell noted that the proposed ordinances Ms. Newcomb has brought to Council tonight are both good ideas; Council members are simply expressing concerns about some of the elements. He is hopeful that future Planning & Zoning Commissions and future Board of Zoning Appeals would allow variances to the height requirements to enable a regional IBM-type headquarters to be built in Dublin. But he believes it would be wise to include additional language regarding exceptions to the height requirement for attractive office development adjacent to the freeways. This would give clear direction to future commissions who review development plans. Ms. Newcomb added that other Central Ohio communities have height restrictions in addition to lot coverage ordinances, as explained in the memorandum distributed to Council. II Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 6 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 Helti May 17, 1993 IT 19 Mr. Kranstuber suggested that the height restriction be dropped from the proposed ordinance because it needs further study. Mayor Rozanski stated that at the time of third reading, amendments or deletions could be proposed. Ms. Clarke noted that this ordinance was sent out to 200 members of the development community, and a public hearing is scheduled for the June 7 Council meeting. Other modifications may be proposed at that time. There will be a third reading and public hearing at the June 7 Council meeting. Ordinance No. 34-93 - An Ordinance Accepting the Lowest and Best Bid for the Wallcovering at the Dublin Justice Center, Authorizing the City Manager to Execute a Contract Governing Said Project, and Declaring an Emergency. (Second Reading) Mr. Smith commented that previous discussion had taken place about a legal challenge to the furniture bid. A memorandum was provided to Council on the issues, and Mr. Smith concludes that the bid recommended by staff on the furniture is both proper and the lowest bid, and thus should be awarded. He interviewed all of the parties involved separately. Mr. Sutphen noted that he is not pleased with the process for the bids nor the fact that this was submitted to Council at the last minute. It should have been out to bid two months ago. Mayor Rozanski added that he is very uncomfortable with the furniture bid and will vote against it. Mr. Lenz suggested that the other bids be discussed and disposed of prior to a discussion of the furniture bid. Mr. Hansley noted that the timing of the bids is fairly close to what is normal for projects such as this. The bids are not artificially early or late. Mr. Lenz reported in regard to the furniture bid that: Continental Office's bid arrived 20 minutes late and their bid was therefore disqualified; Charles Headlee included no prices in their bid; and there were two legitimate bids, Corporate Environments of Ohio and Thomas W. Ruff. A challenge was made on the accuracy of the CEO bid. After much research, staff and the architectural firm concluded that the errors in the bid were of a minor nature and the bid should go forward. The architectural firm reviewed the second bid and found substantial errors in the document. Mr. Kranstuber expressed concern with the fact that only two bids were received for such a large contract. He would like assurance for taxpayers that the process resulted in the lowest and best bid. Mr. Lenz assured him that in this highly specialized area, the number of bids received and the low number which were evaluated as viable is very customary. Discussion continued about the bid process and the reasons for the small numbers of bids. Mr. Strip asked about the timeframe for the project and whether it would allow additional bids. Mr. Lenz responded that further delays will result in a later occupancy date for the building. He added that furniture factories shut down in July, and unless the orders are placed prior to that time, they will not be produced until fall. He does not believe there is time to rebid the project. Mr. Kranstuber asked if the bid process can be reopened to accommodate Continental Office Furniture. Mr. Smith responded that their bid was disqualified and cannot be reconsidered. But if Council desires, Council could completely rebid the furniture contract. Bob Apel. Meacham & Apel, addressed Council stating that the process of the furniture bid began last fall. An important consideration was quality and durability since the building operates 24 hours per day. This is also a bonded job, and not everyone can obtain a bond. He invited Cindy Tate, interior designer from the firm, to address Council. Cindy Tate stated that she prefers to select a group of furniture from one company and put out that bid, enabling the client to obtain a composite group from one company at a better overall price. There is a discount involved with a volume purchase. She added that it was also difficult to obtain the furniture within the budget allowed without compromising quality. With the Knoll Furniture Company, she was able to secure a 67 percent discount rate and still stay within budget. She thus Minutes of RECORD OF Dublin City Council Meeting Meeting PROCEEDINGS Page 7 DAYTON LEGAL BLANK co., FORM NO. 10148 Helti May 17, 1993 j, I' I' ~ I i I 19_ wrote the specifications around the Knoll group since it would provide high quality at a reasonable price. She further stated that there are a limited number of bidders because the products involved are controlled by dealers. She invited Council members to research the furniture bid, as she believes the discount obtained is excellent. Mr. Sutphen commented that he believes better prices could have been obtained by using a mix of vendors and products. Ms. Tate disagreed. Mr. Sutphen believes the specifications were written in a way which excluded many bidders. He does not believe it is difficult for a company to get bonding at this time. Mr. Campbell expressed concern that a significant delay for the project will result if Council does not take action at this time. Council should have been brought into the process much earlier. Mr. Strip agreed that Council has heard little about this process up until now, and has been virtually "caught by surprise" at this point. Mrs. King noted that there is a 67 percent discount involved, and both bids are within the budgeted amount. She does not understand what Council is arguing about. She suggested that the building be completed, furnished, and occupied, giving the public what they voted for. Further discussion continued about the writing of the specifications and how this affected the bidding process. Further discussion continued about the possibility of rebidding the furniture. Council members Kranstuber and Campbell expressed concern that Council, in this process, does not have the discretion they are statutorily entitled to because of the timing. Mr. Campbell conceded that if staff is satisfied from a purchasing, architectural and legal standpoint, he will then vote for the ordinances in order to complete the project. He is hopeful that this situation will not occur with future projects. Mr. Campbell moved to treat Ordinance No. 34-93 as an emergency and waive the three-time reading rule. Mrs. King seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mr. Sutphen, no; Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes. Vote on the Ordinance - Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Sutphen, yes; Mr. Strip, yes. Ordinance No. 35-93 - An Ordinance Accepting the Lowest and Best Bid for the Storage Systems at the Dublin Justice Center, Authorizing the City Manager to Execute a Contract Governing Said Project, and Declaring an Emergency. (Second Reading) Mr. Sutphen moved to treat this as an emergency and waive the three-time reading rule. Mrs. King seconded the motion. Vote on the Motion - Mr. Strip, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes; Mrs. King, yes. Vote on the Ordinance - Mrs. King, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mr. Strip, yes. Ordinance No. 36-93 - An Ordinance Accepting the Lowest and Best Bid for the Carpeting System at the Dublin Justice Center, Authorizing the City Manager to Execute a Contract Governing Said Project, and Declaring an Emergency. (Second Reading) Mrs. King moved to treat this as an emergency and waive the three-time reading rule. Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Campbell, yes; Mrs. King, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Strip, yes. Vote on the Ordinance - Mayor Rozanski, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes. Ordinance No. 37-93 - An Ordinance Accepting the Lowest and Best Bid for the Millwork and Window Blinds System at the Dublin Justice Center, Authorizing the City Manager to Execute a Contract Governing Said Project, and Declaring an Emergency. (Second Reading) Mr. Sutphen moved to treat this as an emergency and waive the three-time reading rule. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 8 Meeting DA'r'TON LEGAL BLANK co., FORM NO. 10148 Helti May 17, 1993 19_ I' I II I I I i Mrs. King seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Strip, yes; Mrs. King, yes; Mr. Sutphen, yes. Vote on the Ordinance - Mr. Campbell, yes; Mr. Sutphen, yes; Mrs. King, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes. Ordinance No. 38-93 - An Ordinance Accepting the Lowest and Best Bid for the Furniture for the Dublin Justice Center, Authorizing the City Manager to Execute a Contract Governing Said Project, and Declaring an Emergency. (Second Reading) Mrs. King moved to treat this as an emergency and waive the three-time reading rule. Mr. Strip seconded the motion. Discussion followed about the consequences of the ordinance not being passed tonight. Mr. Smith noted that if the furniture contract is rebid without the specifications being changed, thereby enabling the late bidder to rebid, a challenge could possibly come from the two other bidders. Mr. Strip stated that if Council votes against either the emergency or the ordinance, the project will be delayed several months. Conversely, Council does not know that doing this will save any money. Any savings would be offset by the extra rent and utilities to be paid due to the project delay. Several options were discussed. Mr. Kranstuber suggested that Council proceed to vote. 111$1"-, -''I Mr. Sutphen acknowledged that he had previously discussed the bid process issue with Mr. Hansley. Hopefully, in the future, bids will be taken earlier to allow Council additional time for review. 4,......"' Chief Ferrell commented that the bid process was initiated last fall. The specifications were reworked a few months ago to bring the furniture within budget. This factor resulted in the delays that contributed to the bid process being discussed this evening. Mr. Foegler added that typically, in the public sector, final development budgets for projects are much higher than the original estimate. With the Justice Center, staff and the architectural firm have been able to stay within 5 percent of budget. The small number of bids is very typical for this type of furniture bid. In summary, the specifications were good, the bids are within budget estimates, and the product is of high quality at a very competitive price. Vote on the Emergency - Mr. Kranstuber, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Strip, yes. Vote on the Ordinance - Mr. Campbell, yes; Mr. Strip, yes; Mr. Kranstuber, yes; Mayor Rozanski, no; Mr. Sutphen, yes; Mrs. King, yes. ~ Ordinance No. 39-93 - An Ordinance Appropriating Funds to Settle the Appropriation Cases Related to the Extension of Muirfield Drive, and Declaring an Emergency. (First Reading) Mr. Strip introduced the ordinance. Mr. Smith stated that Council held a special meeting in regard to this legal issue. The appropriation cases on Muirfield Drive have now been settled. Tonight's appropriation completes the payment for these settlements. He has given Council a memorandum on this. This ordinance will authorize the Law Director to execute the entry for the court, and he is requesting passage by emergency. Mr. Sutphen moved to waive the three-time reading rule and pass as an emergency. Mr. Kranstuber seconded the motion. Vote on the Motion - Mr. Strip, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Sutphen, yes. Vote on the Ordinance - Mrs. King, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Campbell, yes; Mr. Kranstuber, yes. Ordinance No. 40-93 - An Ordinance Authorizing the City Manager, on Behalf of the City of Dublin, Ohio, to Execute a Contract with Franklin County for the Housing of Prisoners. (First Reading) Mr. Kranstuber introduced the ordinance. Mr. Hansley stated that this is a standard contract for all cities within Franklin county. Staff recommends adoption. Mr. Smith added that a better rate was obtained through negotiations with the county, and there is no need for an emergency at this time. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 9 Meeting DAYTON LEGAL BLANK CO., FORM NO. 10148 --+-- ! Helti May 17, 1993 I 19_~; Ii /1 II I I I I I I I I i There will be a second reading at the June 7 Council meeting. Ordinance No. 41-93 - An Ordinance to Authorize the Establishment of a Mayor's Court Computer Fund as Approved by the Auditor of State. (First Reading) Me. Strip introduced the ordinance. Ms. Grigsby stated that a Senate Bill became effective in March, allowing the city to establish a fee to collect based on each case processed. Those funds may then be set aside in a separate computer fund for Mayor's Court and used to provide for computerization. There will be a second reading at the June 7 Council meeting. ""'" Ordinance No. 42-93 - An Ordinance Authorizing the City Manager to Enter into a Cost-Sharing Agreement and Appropriating Funds for the Installation of Street Lights and a Traffic Signal Along the Proposed Hard Road Extension, and Declaring an Emergency. (First Reading) Mrs. King introduced the ordinance. Me. Foegler stated that the basic agreement deals with the installation of street lights and a traffic signal on Hard Road. 1. The lights would be the entire length of Hard Road installed to City standards from the five- lane section at its eastern terminus to the three-lane section at its western terminus on Riverside Drive. The traffic signal would be located at the main entrance to the high school and also service a small residential street to the south. Current estimate of costs for the street lights would be $200,000. Traffic signal costs amount to $90,000. For the street lights, what is being proposed is a city share of $90,000, developer share of $90,000 and school district share of $20,000. For the traffic signal, a city share of $40,000, developer share of $10,000, and school district share of $40,000. Staff has previously indicated that they believe cost sharing is appropriate for a variety of reasons, one of which is that these two public improvements were not specified as part of the initial rezoning document. It was a large and complicated rezoning, and staff recognized that some items would be identified in the tinal development plan review. This more detailed review indicated the need for a signal at the time of high school construction, as confirmed by MS Consultants. Staff also believes street lights on Hard Road are highly desirable, as it is a significant east-west connector, and it is more cost effective to do as part of initial construction of a project. Staff believes this provides a cost-effective way to obtain critical improvements when the road is initially installed, and recommends approval of the ordinance. 2. 3. 4. Me. Sutphen noted that he believes the cost sharing is very fair. The developer had not previously planned to make a contribution, but now has committed money for both the lights and the signal. He believes it is more cost-effective to install the lights and signal up front. 1~ Mayor Rozanski asked about a future traffic signal at Hard and Riverside. Mr. Foegler responded that staff will be bringing this to Council later this year. A left-turn storage lane from Riverside onto Hard Road may also be needed. Mr. Foegler added that the upgrades to the lights at Hard and Sawmill will be the developer's obligation. Mayor Rozanski wondered if the developer would be responsible for installation of a traffic signal if this site was a commercial development and not a school. Me. Foegler responded that several factors would affect this. One is the timing and the requirements made at the time of rezoning. In this case, the public improvement level was negotiated at the final development stage. There is no clear policy by the City for when the costs are passed along to developers. In most cases, on a strictly commercial development coming at the proper stage of review, the cost for a signal would be borne by the developer. He added that the signing for the school zone area is an obligation being worked out between the developer and the school. Mr. Kindra stated that the traffic control plan has not been finalized and submitted at this time. With a traffic signal, there will likely be no need for an additional flasher. Mrs. King moved to treat this as an emergency and waive the three-time reading rule. Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Me. Sutphen, yes; Mayor Rozanski, yes. Vote on the Ordinance - Mr. Sutphen, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mayor Rozanski, no; Mr. Strip, yes. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 10 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Held May 17, 1993 19 Mr. Hansley added that Mr. Foegler has negotiated an excellent cost-sharing agreement in light of the factors affecting the negotiation, i.e., timing, school budgets, etc. There is still a need for a policy to be established by Council about these standards. Mrs. King asked about the status of outstanding issues affecting construction of the high school as outlined to Council in April. Mr. Foegler responded that the developer plans to bring the final dedication plat for Hard Road extension to Council on June 7 and all issues will be resolved. There may be additional conditions imposed relating to engineering items, but none should affect the alignment of the road or the dedications or easements. Mrs. King stated that she cannot understand why the press used quotes from the school staff or anyone else that indicated that the vote at the last Council meeting was in any way a turning point or a holdup of the completion of the high school. It was a theme in a lot of the quotes, and it was not accurate. 'ff" Ordinance No. 43-93 - An Ordinance Appointing Persons to Fill the Unexpired Term of Frank Pandora on the Board of Zoning Appeals and the Unexpired Term of Ron Lane on the Building Construction Appeals Board of the City of Dublin, and Declaring an Emergency. (First Reading) Mr. Sutphen introduced the ordinance. Mr. Sutphen moved that Chester Paul Porembski be appointed to the Board of Zoning Appeals and Victoria Newell be appointed to the Building Construction Appeals Board. Mr. Strip noted that outgoing members should be commended for their service on the Boards. Vote on the Motion and Ordinance - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Campbell, yes; Mr. Sutphen, yes. Mr. Strip moved to waive the three-time reading rule and pass as an emergency. Mr. Sutphen seconded the motion. Vote on the Motion - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Campbell, yes. \l,i;;;.. 'it Other Preliminary Plat - Trinity Park Ms. Clarke stated that Trinity Park is located at Rings and Wilcox and consists of 32 acres. It is zoned PLR - Planned Low Density Residential District. The plat includes parkland of 4.57 acres. There was significant discussion at the Council public hearing regarding the set aside of parkland. There was an additional discrepancy in the amount shown in the original plan and the preliminary plat. The shortfall is 0.18 acres, and a determination was made at P&Z that an additional contribution to the parkland acquisition fund should be made. The difference resulted from the change in the right-of-way width of Rings Road to conform with the Community Plan. Ten conditions were imposed at the Planning Commission, and she noted that the no-parking zones will be resolved at the time of final plat. She requested that Council act on the plat with the conditions as imposed by P&Z. Mr. Sutphen moved to approve the preliminary plat with the conditions imposed by P&Z. Mr. Campbell seconded the motion. Vote on the Motion - Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Campbell, yes; Mrs. King, yes. ~, Revised Development Plan - Muirfield Square - Revised Lot Splits and Change of Building Elevation Ms. Clarke stated that the shopping center is located at the intersection of Memorial and Muirfield Drives and has not been a thriving commercial success. The bank which now owns the center is working to change the emphasis of the center from retail/commercial to that of an office park. Council will actually be approving the final plat which accompanies the revised development plan, establishing new lot lines so that the buildings can be transferred independently. One of the conditions of approval at P&Z was that the final plat be submitted to Council prior to any additional lot-splits. This was to ensure appropriate cross access easements and that there would be provision for common maintenance so that the center would appear as one center instead of individual parcels. ... Mr. Strip asked about what type of offices would be included. Randy Arndt. attorney representing Marietta Hotel Company, responded to Mr. Strip's questions, stating that Marietta is a subsidiary of Bank One who took the property back in foreclosure. The Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 11 Meeting DAYTON LEGAL BLANK co., FORM NO. 10148 Held May 17, 1993 19 uses will include general office, a catering business, and doctors' offices. There is no school or nursery usage contemplated by any owners of the 9 buildings. There will be a few minor exterior changes, but the majority will be internal. He has the approval of the Muirfield Association. In response to Mrs. King's inquiry, Mr. Arndt stated that at the time of the sale of the first parcel, a restriction or cross-easement agreement was placed of record where all the buildings in the center are subject to a restriction that they maintain a common aesthetic appearance, and that the property be maintained by one party to give the appearance of common ownership. Mr. Sutphen moved to approve the final plat subject to any conditions of P&Z. Ms. Clarke stated that the conditions imposed by P&Z will be fulfilled with Council's approval, as the Law Director has already approved the development text/deed restrictions. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King,yes; Mayor Rozanski, yes. P & Z Rules Revision (Change of Meetinl! Time to 6:30 p.m.) Mr. Hansley stated that Council must merely ratify this change by motion. Mr. Sutphen moved to ratify the revision of the P&Z Rules. Mr. Campbell seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Campbell, yes; Mr. Sutphen, yes. Reports from Council Committees .."...."! Mr. Strip, Finance Committee Chairman, reported that the Committee has several recommendations for bed tax awards this evening to be approved by Council. Copies of the recommendation letters were given to Council. Several applicants have requested review by Council this evening due to their urgent need for a decision prior to the June 7 Council meeting. He moved the following recommendations for awards: 1. $10,000 2. up to $ 2,200 3. $20,000 4. up to $15,000 --,--",- 5. up to $500 Big Apple Circus Dublin A.M. Rotary Club solely for reimbursement of City services Dublin Irish Celebration with conditions accepted by the applicant Sponsorship by the City of Dublin for the proposed soccer tournament City of Dublin for replantings on islands near Chamber Park Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mrs. King, yes; Mr. Strip, yes. Mr. Strip added that the Committee is working with staff to streamline the process for bed taxes. Comments from Staff Mr. Hansley stated that staff is also requesting that Council consider a land acquisition matter in Executive Session this evening. ~, Ms. Grigsby reported that the auditors from Deloitte Touche are now on site. Legislation will be presented at the next Council meeting for reissuance of notes that mature on June 30 for Tuller Road and Muirfield Drive. The dollar amount will be reduced based on the fact that staff budgeted to pay a portion of the City share on those notes. Ms. Clarke noted that Mark Jones has submitted his resignation and will be leaving in June to start his own business in Old Dublin. Mr. Kindra reported that the traffic signal poles at Dale Drive and Riverside/161 have now been repainted. A bid opening for the new water tank will take place on May 23. Chief Ferrell reported that the D.A.R.E. graduation went very well and thanked Mr. Strip and Mayor Rozanski for speaking at the ceremonies. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 12 Meeting DAYTON LEGAL BLANK CO.. FORM NO. 10148 Held May 17, 1993 19 Mr. Hansley also noted that the City's Police Division recently received national recognition for the automated dialing system for crime report updates. Information about this was given to Council. Council Roundtable ",. Mr. Sut,phen asked about the timing of the bid for the street maintenance program. Mr. Kindra responded that this will take place in approximately 3 weeks. Mayor Rozanski asked for a status report on the P.A. system repairs. Mr. Hansley responded that repairs were made today to the system, and staff will present options for sound system improvements to Council at a later date. Mayor Rozanski asked if the planters on the bridge are permanent. Mr. Hahn confirmed that the planters are the ones which were purchased with bed tax monies. Mayor Rozanski also noted that the island at 33 and Riverside Drive has a gravel walkway through it. He suggested that the gravel be replaced with a brick walkway, as it will have a more pleasing appearance. Mr. Hansley responded that staff would proceed with this, upon motion from Council, provided there would be no problem with utilities. Mayor Rozanski moved to brick the 25-foot walkway across the island. Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Kranstuber, yes; Mr. Sutphen, yes; Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, no; Mayor Rozanski, yes. Mr. Sutphen suggested that the City of Dublin ask Columbus to sweep the Glick Road bridge. Mr. McDaniel responded that Mr. Johnson will contact the City of Columbus in this regard. Mayor Rozanski noted that the dumpsters at the maintenance complex are going to be moved inside the fence, as reported in a recent memo to Council. He asked about the hours of operation for the complex. Mr. Hansley responded that the change means that the dumpsters will no longer be available for public use. They will instead be used for City-generated trash, or for special cases where a resident can prove they have no other disposal option. Because of hazardous waste and other issues, the dumpsters serve no legal, practical, public purpose. Rumpke will pick up all legal items at the curb, and yard waste and hazardous waste are also covered in the city's waste management program. Residents who have special needs should contact the City's maintenance department. Mr. Strip moved to adjourn to Executive Session to discuss legal and land acquisition matters. Mr. Sutphen seconded the motion. Vote on the Motion - Mr. Strip, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Kranstuber, yes. The meeting was adjourned at 10:50 p.m. ~~ ~ Presiding Offi ~C!-~ Clerk of Council I I I II