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HomeMy WebLinkAbout12/20/1993 Minutes of RECORD OF PROCEEDINGS Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO.. FORM NO lU14t;S Helrl December 20, 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, December 20, 1993. Mr. Sutphen and Mr. Amorose led the Pledge of Allegiance. Members of Council present for roll call were: Mayor Rozanski, Mr. Kranstuber, Mr. Campbell, Mr. Amorose, Mr. Strip, Mr. Sutphen, and Mrs. King. Mr. Hansley, City Manager and Mr. Smith, Law Director were also present. Approval of Minutes of December 6. 1993 Meetinl The clerk reported that the minutes are not completed at this time. Mayor Rozanski stated that the approval of minutes would be delayed until the next regularly scheduled Council meeting. Correspondence The clerk reported that there was no correspondence. Comments from Visitors Mr. Strip stated that he would make his roundtable comments at this point in the meeting so that the press could be present for his comments about the departure of three long-time Council members. He noted that Mr. Amorose would be greatly missed on Council and that Dublin is a better place because of Mr. Amorose's contributions. He praised Mayor Rozanski for his leadership skills and accomplishments over the past years as Mayor, Vice Mayor and Council member. He noted that Mr. Sutphen, too has made many great contributions during his years on Council. He concluded by pointing out the progress of the city under the guidance of these three Council members over the past years, as the city has grown from a small population of 3,000 to almost 19,000. There are now over 115 miles of city streets, new water towers, a new police station, an enlarged City Hall, the Chiller facility, a swimming pool, new parklands, and a Community Center on the way. He added that he will really miss all of them on Council and concluded his remarks with a humorous poem. '" Mr. Kranstuber commented that the many accomplishments over the past years have been achieved under the leadership of the three departing Council members. He praised Mr. Sutphen for his assistance in establishing a Service Department which provides high levels of service to all Dublin residents. Mr. Sutphen has also worked hard to ensure that residents have high levels of police and fire services. Mr. Amorose has been instrumental in the beautiful landscape and greenspace requirements now mandated in the Dublin Code. Mayor Rozanski has provided leadership to ensure the development of the ice rink and other sports facilities and the planned Community Recreation Center. Mayor Rozanski also continues to pursue active parkland for soccer, baseball and general recreation. These accomplishments have been achieved by a team with a common vision for Dublin and respect and friendship for each other. Mrs. King concurred with the comments already made about the outgoing Council members. She noted that the team approach and emphasis on achieving excellence are the legacies left by these long-time Council members. She has been honored to be a part of this Council. She added that Council will miss the levels of effort and the experience of the outgoing members. She, too, praised each Council member for their individual contributions - Mr. Amorose for the greenspace ordinance, Mr. Sutphen for bikepaths and emphasis on safety, Mayor Rozanski for his planning and administration skills and his efforts to secure the Chiller facility. lit. Mr. Campbell noted that Dublin is often described as a growing city, and the three outgoing Council members have played an important role during the biggest period of transition of the city's nearly 200 years of existence. The three outgoing Council members have been the leaders in setting standards, policies and guidelines which are followed today. High standards have been set, and the new Council will have to maintain the standards, while keeping a unity of purpose throughout the years ahead. He wished all three the best that life has to offer. Mr. Strip called for a round of applause for the outgoing Council members. Mr. Amorose commented at length about his 12 years of service as a member of City Council. He noted that a lot of hard work on the part of many citizens has shaped the fine community Dublin is today. He commented about the contributions of Dr. Charlie Mand, Ron Jezzerinac, Ron Geese, Dale Callahan, and John Reiner, all of whom brought diverse backgrounds to the Planning & Zoning Commission in the late 70's and early 80's - a time when the high standards of the city were set for landscaping, green space, and signage. Business leaders have been active in city government through the Dublin Chamber of Commerce. Many of today' s special events were founded by service groups in the community. Dublin was very progressive, reaching city status in the late 80's through the hard work of former Council Member Barbara Maurer who was also instrumental in the city's Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 2 Meeting DAYTON LEGAL BLANK co., FUI-(M No lU14t:l Helrl December 20, 1993 19 /fI!' involvement in the National League of Cities. He then described the challenges encountered by the city through the period of the largest growth during the 80's. Council undertook strategic planning and an ongoing goal-setting program, involving the community. Work began on a five-year capital improvement plan. He praised former Mayor Mike Close under whose leadership the city continued to grow and prosper during the recessionary years of the 80's. He noted that Dublin remains a leader among cities, with a bright and exciting future ahead. He thanked Mr. Hansley and all of the staff for their hard work and many contributions to the efficient operation of the city. He noted the contributions of the individual staff members from Maintenance, Police, Parks and Recreation, Development, Planning, Finance, Personnel, and Mayor's Court. He praised the efforts of Chief Bostic from Washington Township Fire Department in the city's development process. He thanked Mr. Smith for his assistance over the years in legal matters. Mr. Amorose then praised each of the present Council members for their individual contributions over the years in which they have served together. He stated that he is hopeful that the new Council will work in harmony and unity to lead Dublin into the future and that they will work in the best interests of the entire city so that years from now they can look back with a sense of pride and accomplishment. He thanked his wife, Margie for her support and for sharing many hours to foster unity among Council. He added that to give is to receive, for Dublin has truly enriched his life. , .. Mr. Sutphen commented that he has greatly enjoyed his years on Council. He considers the citizens of Dublin the city's greatest asset. He praised the city staff members he has worked with over the years and their expertise, from Sherm Sheldon to Tim Hansley's staff. Dublin is a great place to live, and he looks forward to someday returning to Council. He thanked his wife for her willingness to allow him to have the time to serve on Council over the past years. He thanked everyone on Council for their friendship. He has had a great time serving as a Council member for the City of Dublin. Mayor Rozanski noted that he concurs with all of the comments already made about the accomplishments over the past years. He stated that Council has worked very hard over the years to help create such a great city. Dublin is a great place to live and work. He noted that it has been exciting to serve on Council during the city's period of tremendous growth, and it has been a special honor to serve as the city's Mayor. He praised the city manager, Tim Hansley for a fantastic job in administering the city. He then thanked individual Council members for their contributions to Council over the past years. He also thanked Mr. Smith and Mr. Banchefsky for their assistance over the years in the administration of the Mayor's Court. He thanked staff, Council and the citizens for allowing him the opportunity to serve as Mayor. .. Leiislation Ordinance No. 95-93 - An Ordinance Providing for a Change of Zoning of 14.815 Acres of Land Located on the North Side of Martin Road, Approximately 1,000 Feet to the West of Sawmill Road, and Having Frontage Along the South Side of (Proposed) Stoneridge Lane from: PUD, Planned Unit Development District to: PUD, Planned Unit Development District. (Public Hearing) (Applicant: T&R Properties, clo Michael T. Shannon, 10 W. Broad Street, Columbus, OH 43215-3435) Mr. Shannon. representing the applicant stated that he has been negotiating for the past 6 months with staff and neighbors to develop a 14-acre tract on Martin Road. The proposal was for condominiums and apartments. Since they have not gained the support of staff or most of the neighbors, they now have two options: 1) rezoning the property which has been attempted, but with the Planning Commission's unfavorable recommendations they will likely not prevail; or 2) developing the property under the existing zoning. After meeting with staff, his client, and the attorney representing the neighbors, they have decided to withdraw the request for rezoning and will go forward and initiate development plans to develop the property under the existing zoning, which would be 4 acres of commercial and 10 acres of senior citizen housing. The developer is anxious to do business in Dublin and feels that minor modifications may be needed to the 5-year old existing zoning: 1) the zoning was approved before the ADA and thus slight architectural and design modifications will be needed; 2) there may not be enough parking under the existing zoning; 3) they are still concerned about some type of limited and temporary access from Martin Road. The current zoning contemplated that Stoneridge Lane would be completed at some future date when it was approved 5 years ago, and Mr. Shannon believes the completion of Stoneridge Lane is still five years away at this point in time. He thanked everyone for their candor in the evaluation process. They will now try to develop this property in the way neighbors and staff have indicated that they would like it to be developed. He formally requested that this ordinance be withdrawn. Mayor Rozanski confirmed that Ordinance No. 95-93 has been formally withdrawn. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 3 Meeting DAYTON LEGAL BLANK co., F-ORM NO lUl4tj Helrl December 20, 1993 19 . ~ Ordinance No. 103-93 - An Ordinance Providing for a Change of Zoning of 7.3+1- Acres of Land Located on the Southwest Corner of Post Road and Discovery Boulevard from: PCD, Planned Commerce District to: PCD, Planned Commerce District by Amending the PCD Text "Perimeter Center Subarea Standards" for Perimeter Center to Permit Expansion of Subarea C. (Public Hearing) (Applicant: Olde Poste Properties, clo Timothy D. Kelton, President, Ruscilli Real Estate Services, Inc., 2041 Arlingate Lane, Columbus, OH 43228) Mayor Rozanski asked that proponents and opponents of the rezoning come forward to sign in. Registered as proponents were David Lenox, 756 Jaeger Street, Columbus, OH 43206; Bill Largent, 7001 Discovery Boulevard, Dublin, OH 43017; and David Bray, 289 Halligan Avenue, Worthington, OH 43085. Registered as an opponent was Ralph Halloran, 6124 Post Road, Dublin, OH 43017. .. Ms. Clarke showed slides of the site and described the surrounding area. The site is bounded by Post Road, Discovery Boulevard on the east end, and Wilcox Road on the west end. This rezoning application involves 7.3 acres located within Subarea B of the Perimeter Center Planned Commerce District. Subarea B was set aside for office uses, and this particular company needs more than merely office use at this location. The existing building is approximately 55,000 square feet, and there are two proposed additions which total 124,000 square feet. Initially, with the completion of the phase one addition, 70 new jobs will be added to the facility. At build-out, the facility will employ @600 people within the next 5 years. The total building will be @180,000 square feet, 107,000 of that will be offices with 73,000 square feet for a variety of support services. Metatec is in the business of CD-ROM manufacturing and is highly dependent upon robotics. The zoning for Perimeter Center set aside the first 550 feet south of Post Road as office only. Because there will be other support services including some minor manufacturing within this area, the area needs to be rezoned by expanding Subarea C. Planning Commission unanimously recommended approval on December 2 with the following conditions: 1. That the revised development standards text and composite plan be submitted by the applicant indicating the change in use within Subarea B, and that a development plan be submitted as per the Planned Commerce District submittal requirements; 2. That the north elevation of Phase One be faced with brick matching all other elevations; 3. That the applicant meet all Dublin's signage requirements; 4. That the revised landscaping plan be submitted for the Post Road buffer that provides additional evergreen plantings with a mature height of 20 feet; 5. That the revised landscaping plan be submitted that complies with all aspects of the Dublin Code; 6. That the north elevation be articulated so as to reduce the visual impact of the facade with an increase in the amount of glass surface on the north elevation and mounding and evergreen planting along that facade; 7. That the stormwater detention pond be designed to create a landscaped, park-like setting at the development's entranceway; 8. That truck activity after 5 p.m. and before 8 a.m. weekdays and all day Saturday and Sunday be limited to Perimeter Drive, Avery Road and U.S. 33 in order to protect the residential area along Post Road. Staff is also recommending approval of the application. The applicant has filed his development plan for consideration at the January Planning & Zoning Commission. Grading activity has already begun on the site. She noted that this company provides not only the high quality jobs that contribute to the city's income but also a highly visible presence in the field of technology. ,Iff#' '~~ Mr. Strip asked about enforcement of the condition regarding the truck traffic. Ms. Clarke responded that this would be a Code enforcement issue. Compliance is generally through cooperation with the business community. The condition would be a zoning restriction. ~,,,,j Dave Lennox. Wandell & Snell Architects stated that they are the project architects. He showed some conceptual drawings of Phase One of the expansion. They are adding an aeration feature, enlarging an existing pond and adding landscaping. The existing Metatec Building has two-toned brick color exteriors. They hope to continue those two colors, making use of some patterns and adding a little glass. The Dublin Code will be met for parking, signage and landscaping. Bill Largent. Chief Financial Officer for Metatec stated that Metatec is a publicly held corporation in the CD-ROM technology business. They manufacture CD-ROM and also publish a title that goes with CD-ROM. Sales this year will be @$20,000,000 and it will be a profitable year for the company. Phase One will add a $5,000,000 addition to the current facility and the 1994 plan calls for employment of 50 to 70. Grading work has already begun on the existing facility which is Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 4 Meeting DAYTON LEGAL BLANK CO., FORM NU lUl4tJ Helrl December 20, 1993 19 "" already zoned. The facility is needed as soon as possible. Phase Two will depend on the performance of the company. At present, the Phase Two expansion is scheduled for 1996. Currently there are 250 associates in Dublin with 10 around the United States, totaling a payroll of $7,000,000. The 1994 plan calls for a payroll of $9,000,000. They expect employment growth of about 20 percent per year. They greatly encourage turning Wilcox Road into a cul-de-sac in order to keep the truck traffic to a minimum. David Bray. C.F. Bird & Bull Consulting Engineers briefly described the grading and storm sewer plan for this project using visual displays. The existing pond will be enlarged to accommodate the entire development occurring on the site. Existing stormwater will be directed into the system and into the pond where it will be retained, and then ultimately outlet through a storm system that travels to the east to another detention basin near the east property line of the overall development. As Phase Two develops, the storm sewer system will be expanded so that parking lot runoff will be captured and routed into the pond. The pond will be calculated for the overall maximum development of this site. Preliminary calculations for storm water detention have been prepared and submitted to Randy Bowman. They are currently proceeding with the final engineering of Phase One at this time. There will be extensive mounding along Post Road, with screening that will serve to direct the flood routing through the parking lot into the pond where it will be contained and released at the appropriate rate under Dublin's guidelines. Mr. Sutphen asked about the engineer's plans to contain the water during the construction process, in view of Mr. Halloran's concerns. Mr. Sutphen asked staff and the developer to follow up on this. In response to Mr. Kranstuber's question, Mr. Foegler stated that the rezoning request before Council tonight is to accommodate this use on this piece of property. The development plan will be reviewed by the Planning & Zoning Commission at their next meeting. Mr. Kranstuber asked that the developer be sensitive to Condition #6 to reduce the scale of the elevation so that it has more of a residential look. He also cautioned the architect about the high standards adopted for the Perimeter Center in terms of the colors, brick and materials which can be used there. Mr. Lennox responded that they plan to use the same palette of colors as currently has been used. Mrs. King asked that Mr. Foegler follow-up with Council regarding the city's response to the December 10 letter to him from Mr. Wilkins. Mr. Foegler responded that staff will be coming forth with a TIF proposal of some type related to certain of the required public improvements. He will keep Council informed. Ralph Halloran. property owner due north of the subiect site stated that he has no objection to Metatec expanding on the site. He is surprised, though, that grading work has commenced prior to rezoning approval by Council. He is also disappointed at the bright lights and noise at 6:30 a.m. until 9 p.m. on the construction site. Also, when the dirt was moved it was used to fill in an area that has resulted in water backing over Mr. Halloran's property. The graders have disturbed the natural flow of the water, changing it from the east to west and then north. He is anxious to see a plan for handling the water. Mayor Rozanski suggested that the city staff and developer's engineers meet with Mr. Halloran to work out this problem in the very near future. '1" There will be a third reading of the Ordinance at the January 3 Council meeting. 'k Ordinance No. 94-93 -An Ordinance to Adopt the Proposed Operating Budget and Cash Capital Budget for the 1994 Fiscal Year, and Declaring an Emergency. (Tabled Ordinance) Mrs. King moved to take this from the table. Mr. Sutphen seconded the motion. Vote on the motion - Mr. Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Mr. Hansley stated that the Finance Committee of Council has now completed its review of the operating budget and cash capital budget for 1994. The documents now on file with the Clerk reflect the changes indicated by the Finance Committee at the hearing process. Staff now recommends adoption of the revised document tonight, subject to any further discussion tonight by Council. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 5 Meeting OAYfON LEGAL BLANK co., FORM NO lUl4tj Helrl December 20, 1993 19 Mr. Strip, Finance Committee Chairperson, noted that this is the earliest date in which a budget will ever be adopted by the city. He added that because there were a couple of issues still on the table at the last Finance Committee meeting, because there is a new Council coming in, and because the Finance Committee wants to review some of the issues and give them the serious consideration they require, Finance Committee is recommending adoption of the budget at this time. There are items still on the table which may be looked at after the first of the year. Mr. Strip moved adoption of the 1994 budget and moved treating it as emergency legislation. Mr. Amorose seconded the motion. Mr. Campbell asked for confirmation that the budget is being adopted included the amendments as stated in Ms. Grigsby's memo of December 16. Mr. Strip concurred. Mrs. King stated that the traffic light at Bright Road was discussed at the Land Use Committee meeting. Her understanding was that Mr. Foegler would be developing an alternate recommendation for adoption as a part of the budget for Council to consider tonight, including short-term improvements at Bright and Riverside, left turn lane installation, and night lighting. Mr. Foegler responded with detailed information on the costs of the various options. Staff recommends including this as a line item in the budget, with a review of the options at the January Safety Committee meeting. Money could then be appropriated at the Council meeting following the Safety Committee's recommendation. Discussion continued. Mayor Rozanski cautioned that bed tax funds have been committed to funding for the Community Center if needed, and thus the city must reduce any reliance upon bed tax funds in future budget years. Secondly, he noted that Council has approved every staffing request in the proposed budget. Vote on the Ordinance - Mr. Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Vote on the Emergency clause - Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mrs. King, yes. Ordinance No. 90-93 (Amended) (Revised) - An Ordinance Providing for a Change of Zoning of 2.488 Acres of Land Located West of Sawmill Road, Approximately 400 Feet North of Bright Road from: R-l, Restricted Suburban Residential District to: PCD, Planned Commerce District. (Third Reading) Applicant: Steve Southard and M.Martha Southard, clo Donald Plank, 326 South High Street, Suite 500, Columbus, OH 43215) There were no additional comments on the Ordinance. Vote on the ordinance - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes. w .;0, Ordinance No. 97-93 - An Ordinance Authorizing the City Manager to Enter Into a Contract with the Law Director, and Declaring an Emergency. Staff is recommending adoption by emergency as the current contract expires on December 31. Mr. Sutphen moved to treat this as emergency legislation. Mr. Amorose seconded the motion. Vote on the motion - Mr. Strip, yes; Mayor Rozanski, yes; Mr. Sutphen, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Amorose, yes. Vote on the ordinance - Mrs. King, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes. Resolution No. 19-93 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 20.22+1- Acres from Jerome Township, Union County to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code, and Declaring an Emergency. (Third Reading) (Applicant: Warren W. and Helen L. Gorden, clo William H. Adams, State Street Development Co., 5126 Blazer Parkway, Dublin, OH 43017) Mr. Hansley commented that it is a statutory requirement that a statement of services to be provided by a city upon acceptance of an annexation be passed prior to the public hearing for the annexation before the county commissioners. Staff has added emergency language to the resolution, as the public hearing is scheduled prior to the next meeting of Council. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 6 Meeting DAYTON LEGAL BLANK CO., FORM NO I014!j Helrl December 20, 1993 19 Mrs. King asked Mr. Hansley why it would be in the best interests of the city to pass this legislation. Mr. Hansley responded that it is mandated by statute that the city pass a statement of services for any property that petitions for annexation to the city. ill;,.", Mr. Smith added that this in no way binds Council or sets any direction for the vote on the annexation when it comes back to Council. Mr. Campbell asked if services include telephone services. Mr. Hansley responded that the services would include only those provided by the city, and that would not include telephone services. Mr. Campbell noted that this area would then be in the same situation as a large portion of Lowell Trace which crosses boundary lines for phone company service areas. He suggested that the applicant be made aware that if the resolution is approved tonight, it does not necessarily follow that the annexation will be approved when it comes back to Council. Secondly, an issue to be resolved would be the telephone issue, and the landowner with a vested financial interest should work to resolve this issue prior to the Council vote on the annexation. Mr. Kranstuber asked Mr. Smith for clarification about the statement of services required to be adopted, i.e., could Council adopt a statement stating that they would not provide city services. Mr. Smith clarified that it must be a statement of services that are available to the area that the city provides. Mr. Smith then explained that 90 percent of annexations are driven by water and sewer service areas. The statute requires that the city provide a statement to the county commissioners that a) this is in the city's service area; and b) if the city chooses to accept the annexation, the city would then provide those services. But the statement of services is non-binding, and Council can choose to turn down the annexation. He noted that the city currently has a contract for service areas and the city is able to provide service in those areas. Mr. Kranstuber questioned the need to stretch the city's services as far as they will go - if Council knows that they do not want this area, why must they go through this exercise. The ORC only states that Council must provide a statement of what services, if any, the city will provide. Mr. Strip commented that the law requires Council to pass a resolution regarding the availability of services - not the services the city is williDl! or wants to provide. This resolution is then simply a statement of services that are available. Mayor Rozanski commented that he continues to believe that Dublin does a better job of developing land than anyone in Central Ohio. It is important to consider the benefits to the city of developing the land under the city's control versus the neighboring area's control. Mrs. King noted that the issue here is timing - whether the city controls the pace and place of development. She moved that Section 1, first paragraph, be deleted in its entirety and replaced with the following: "The following municipal services are available in the City of Dublin upon the annexation of an area to the city of Dublin, Ohio." Mr. Smith checked the statute language which states under Section 709.031(b), "Upon receiving the notice that there is an annexation pending, the municipal legislative authority by ordinance shall adopt a statement indicating what services, if any, the municipal corporation will provide to the territory proposed for annexation upon annexation." The language in the resolution is taken directly from the statute. Mr. Strip stated that the statute is set up to prevent a municipality from bringing in an annexation, controlling the property, and then not providing water and sewer services. The commissioners must be assured that if an area is annexed, the city will provide the services available to that annexed area. Mr. Campbell noted that the language states, "shall provide a statement" - it is not discretionary. However, the language does further state, "upon the annexation." It is important for the applicant to understand that there are many issues to be resolved prior to a decision on the annexation. Discussion followed about the possibility of conveying Council's thoughts to Union County Commissioners. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 7 Meeting DAYTON LEGAL BLANK co.. FORM NU 10l4!j He]rl December 20, 1993 19 There was no second to Mrs. King's motion. ~I> Mr. Amorose moved to treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Sutphen, abstain; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, no; Mayor Rozanski, yes. Mrs. King commented that she takes issue that with the fact that the General Assembly mandates that Council pass this legislation. Vote on the resolution - Mr. Sutphen, abstain; Mr. Amorose, yes; Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, no; Mayor Rozanski, yes; Mr. Strip, yes. Ordinance No. 104-93 - An Ordinance Authorizing the Funding of a Contract Between the City of Dublin and the Fraternal Order of Police, Ohio Labor Council Regarding Wages, Hours, Terms and Conditions of Employment. (Second Reading) Mr. Hansley reported that Mr. Harding and Mr. Wiseman are present this evening to answer any questions from Council. There were no comments. There will be a third reading at the January 3 Council meeting. ~ <l Resolution No. 21-93 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 119.6+ 1- Acres from Washington Township, Franklin County to the City of Dublin, Ohio as Required by Section 709.031 of the Ohio Revised Code, and Declaring an Emergency. (Second Reading) (Applicant: William K. Southworth and Dortha Mae Bowman, clo Robert A. Meyer, Jr., 41 South High Street, Columbus, OH 43215) Mr. Hansley stated that staff recommends adoption by emergency to accommodate the timeframes set by the Franklin County Commissioners. Mr. Foegler commented that in keeping with concerns expressed by some Council members, that if the city has a potential problem with an annexation, the applicant will be made aware of this early in the process. Staff has met with representatives of this applicant, and this Council has taken an official policy position related to annexations in this area in the form of the resolution that was adopted in the Southwest Area Plan. In that regard, Council expressed great caution with the pursuit of annexations west of A very Road for a variety of reasons until economic development studies and comprehensive plan updates were completed. Staff has made the applicant aware of these concerns. Mr. Kranstuber moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Strip seconded the motion. Vote on the motion - Mr. Sutphen, yes; Mrs. King, no; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Strip, yes; Mr. Kranstuber, yes. Vote on the resolution - Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. King, no; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Campbell, yes. Resolution No. 22-93 - A Resolution Requesting the Delaware and Franklin County Auditors to Draw and the Delaware and Franklin County Treasurers to Issue a Draft to the Director of Finance of the City of Dublin for any Money that may be in the County Treasury to the Account of the City of Dublin. (Second Reading) Mr. Hansley reminded Council that emergency action will be requested at the time of third reading. There were no further comments. There will be a third reading at the January 3 Council meeting. Ordinance No. 105-93 - An Ordinance to Authorize the Establishment of an Upper Scioto West Interceptor (USWI) Fund, Advancing Funds from the Capital Improvements Tax Fund to the USWI Fund, and Appropriating Funds. (First Reading) Mr. Amorose introduced the ordinance. Ms. Grigsby commented that this ordinance will allow the City of Dublin to establish a fund in order to provide accountability for the funding received under the EP A grant. There will be a second reading at the January 3 Council meeting. Ordinance No. 106-93 - An Ordinance to Accept an Annexation of 26.976+ 1- Acres in Jerome Township, Union County to the City of Dublin. (First Reading) (Applicant: Shawnee Hills Land Company, clo Harrison W. Smith, Jr., 37 W. Broad Street, Columbus, OH 43215) Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 8 Meeting DAYTON LEGAL BLANK co.. FORM NU 1014t:l He]rl December 20, 1993 19 .. Mr. Amorose introduced the ordinance. Mr. Hansley commented that a statement of services was adopted by Council for this proposed annexation; the county commissioners adopted a resolution regarding the annexation; it is now brought to Council for a first reading. The proposed annexation area is north of Brand Road and west of the current corporation line for a project involving a 9-hole golf course that straddles the Franklin and Union County lines. The developer seeks this annexation in order to provide water and sewer utilities to this project and have the project all under one jurisdiction. Staff recommends holding this over for a second reading. Mr. Campbell noted that the applicant should be informed that the telephone issue still needs to be resolved and the land use issues need to be addressed involving density, etc. Mr. Hansley commented that this area may also be in the Ohio Power district for electric services. The developer will be made aware of this situation. Mr. Strip asked if the township lines would automatically be adjusted if this Jerome Township piece is annexed to Dublin, Washington Township. Mr. Hansley responded that if Council accepts this annexation, Council could then initiate separate action to take this piece from Jerome Township into Washington Township for fire protection purposes. Council could also choose to leave it "as is" for fire service and hope that it would be served by the automatic response agreement between the two townships. Mr. Strip commented that Chief Bostic may wish to investigate this issue. Mayor Rozanski suggested that the fire district issues be worked out prior to development of the land. p"'! .".,,',,;;;t Mr. Hansley commented that this property was the subject of an attempted "gentlemen's agreement" among the city, the township, the county and the developer. This issue was referred to the Safety Committee for action, but prior to the Safety Committee's recommendation to Council, the county released the annexation without the agreement. Mr. Smith suggested that since there are a number of unresolved issues, the applicant should be invited to the second reading for discussion. Mrs. King commented that this annexation was discussed at Safety Committee wherein the Committee reaffirmed that there is an existing Council-adopted policy on this issue stating that anytime a new area is annexed into the city of Dublin it would immediately and automatically become a part of Washington Township. There has never been a different policy adopted. Mrs. King further cautioned that although the application currently calls for a golf course development, the reality is that the owners of the land could ask for any appropriate use following annexation to Dublin. Mayor Rozanski asked Mr. Hansley to notify the applicant that he has been requested to attend the next Council meeting. There will be a second reading at the January 3 Council meeting. f?"\ Ordinance No. 107-93 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1993, and Declaring an Emergency. Mr. Amorose introduced the ordinance. Ms. Grigsby explained that this ordinance requests appropriations for CIP projects that are ongoing and for agency funds that the city is mandated to collect and disburse. Mr. Sutphen moved to waive the three-time reading rule and treat as emergency legislation. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes. Vote on the ordinance - Mr. Sutphen, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes. Ordinance No. 108-93 - An Ordinance to Establish Appropriations for Current Expenses and Other Expenditures of the City of Dublin, State of Ohio, During the Fiscal Year Ending December 31, 1994, and Declaring an Emergency. Mr. Amorose introduced the ordinance. Ms. Grigsby stated that this is companion legislation to the ordinance adopting the 1994 operating Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 9 Meeting DAYTON LEGAL BLANK CU.. FORM NU lU14/:J Held December 20, 1993 19 budget. The appropriations are based upon the revised version of the budget with the addition of a request to. appropriate the unencumbered funds to the facility acquisition fund which has been used to purchase and renovate the 5800 Building. Mr. Sutphen moved to waive the three-time reading rule and treat as emergency legislation. Mr. Amorose 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; Mr. Amorose, yes. Vote on the ordinance - Mr. Sutphen, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Amorose, yes; Mrs. King, yes; Mayor Rozanski, yes. Ordinance No. 109-93 - An Ordinance to Enter into a Health Services Contract with the Franklin County Board of Health, and Declaring an Emergency. Mr. Amorose introduced the ordinance. Mr. Hansley stated that this ordinance provides for continuation of the health services contract at the same rates as last year. Staff has reviewed this and is recommending adoption by emergency. Mr. Sutphen moved to waive the three-time reading rule and treat as emergency legislation. Mr. Amorose seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Amorose, 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; Mr. Amorose, yes. ~"..... Mayor Rozanski asked the clerk to read the next five rezoning ordinances by title only. Ordinance No. 110-93 - An Ordinance Providing for a Change of Zoning of 12.114 Acres of Land Located on the South Side of Perimeter Drive, Approximately 350 Feet West of Wilcox Road, From: PCD, Planned Commerce District to: PUD, Planned Unit Development District (From retail use as part of the Perimeter Center plan to multi-family use) (First Reading) (Applicant: Muirfield Drive Partners, Continental Real Estate InterestslPark Development Company, clo Jeffrey L. Brown, Smith & Hale, 37 W. Broad Street, Suite 725, Columbus, OH 43215.) Ordinance No. 111-93 - An Ordinance Providing for a Change of Zoning of 82.58 Acres of Land Located on the Northwest Corner of Avery Road and Brand Road, From: R-l, Restricted Suburban Residential District, To: PUD, Planned Unit Development District (for a single-family development known as Shannon Glen). (First Reading) (Applicant: Erwin & Erwin, clo Anne Erin, by Robert A. Meyer, Jr., 41 South High Street, Columbus, OH 43215) Ordinance No. 112-93 - An Ordinance Providing for a Change of Zoning of 30.092 Acres of Land Located on the South Side of the North Fork of Indian Run, Approximately 1,200 Feet West of Avery Road and Immediately West of Avery Park, From: R-l, Restricted Suburban Residential District to: PLR, Planned Low Density Residential District. (First Reading) (Applicant: Erwin & Erwin and Mil Schottenstein Homes, Inc., clo Jeffrey L. Brown, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Ordinance No. 113-93 - An Ordinance Providing for a Change of Zoning of 4.04 Acres of Land Located on the South Side of Post Road, Approximately 400 Feet East of Avery Road From: R-l, Restricted Suburban Residential District To: R-3, Limited Suburban Residential District. (First Reading) (Applicant: Bell Properties, Inc., clo Thomas M. Bell, 6388 Arbory Hill Court, Dublin, OH 43017) Ordinance No. 114-93 - An Ordinance Providing for a Change of Zoning of 0.38 Acres of Land Located on the West Side of Riverside Drive, Approximately 580 Feet South of S.R. 161, From: PUD, Planned Unit Development District, To: PUD, Planned Unit Development District (to permit a change from office to specialty retail use). (First Reading) (Applicant: Frederick & Mary Ellen Lancia, by Sivad Investment Company, clo Davis Enterprises, 6241 Riverside Drive, Dublin,OH 43017) Mr. Amorose introduced all five ordinances, and moved that they be referred to Planning & Zoning. Mr. Sutphen seconded the motion. Vote on the motion to refer - Mr. Kranstuber, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes; Mr. Sutphen, yes. Ordinance No. 115-93 - An Ordinance Authorizing a Contract for the Continued Employment of the City Manager, and Declaring an Emergency. Mr. Amorose introduced the ordinance. Mayor Rozanski noted that the contract for the city manager was included in the Council packet, together with a comparison chart for other municipalities in Ohio and a memo from Mr. Hansley highlighting the changes in the two-year contract. Mayor Rozanski recommends passage of the ordinance for continuation of the city manager's employment. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 10 Meeting DAYTON LEGAL BLANK co., FORM NU 10l4t:i He]rl December 20, 1993 19 Mr. Strip pointed out that the increase in salary is actually less than the cost of living increase in the past year and represents no real dollar increase to the city. Mr. Strip moved to waive the three-time reading rule and treat as emergency legislation. Mr. Amorose seconded the motion. Vote on the motion - Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mr. Kranstuber, yes. Vote on the ordinance - Mr. Amorose, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Strip, yes; Mayor Rozanski, yes; Mr. Kranstuber, yes; Mr. Sutphen, yes. Resolution No. 23-93 - A Resolution Accepting the Amounts and Rates as Determined by the Budget Commission and Authorizing the Necessary Tax Levies and Certifying Them to the County Auditor, and Declaring an Emergency. Mr. Amorose introduced the resolution. Ms. Grigsby explained that based upon the county's reappraisal, amended resolutions have been requested to incorporate the increase in the valuation. Based on their calculations, the city will receive an additional $70,000 in property tax dollars. They have requested passage as soon as possible. Mr. Sutphen moved to waive the three-time reading rule and treat as emergency legislation. Mr. Amorose seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Kranstuber, yes; Mr. Amorose, yes; Mr. Sutphen, yes; Mayor Rozanski, yes. Vote on the resolution - Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr. Sutphen, yes. Other !pi< Amberleigh Detention Waiver ~....jJI Mr. Kindra noted that the developer has requested exemption from the stormwater regulations for this 22-acre subdivision. Staff believes that this subdivision is uniquely situated, and a stormwater detention waiver is appropriate. Staff recommends approval of this exemption. Mr. Sutphen moved to grant the waiver. Mr. Campbell seconded the motion. Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Sutphen, yes; Mr. Amorose, yes; Mr. Kranstuber, yes. Discussion Regarding Dublin Convention & Visitors Bureau Mayor Rozanski reported that at the last Council meeting, there was a request by Council to ask either of the two Council reps to the Bureau to attend Council meeting tonight to respond to issues. The representatives were unable to attend tonight due to previous commitments. He noted that Marlaine Manus has now resigned as Council's representative to the Bureau and she will seek one of the at-large seats. He asked how Council would like to proceed. Mr. Campbell reported that he had spoken to Dan Rubin late last week. Mr. Rubin is in Atlanta and could not attend Council tonight, however he will be able to attend a Council meeting in January to hold this discussion. Perhaps the Council, the Bureau and the Chamber could arrange to meet to discuss these issues. "," .'" Mr. Strip commented that there are simply some differences of opinion between the Bureau and some Council members which can be worked out. He looks forward to resolving this issues in the New Year. Mayor Rozanski added that the Chamber and the Bureau have come to terms on their lease arrangement. He suggested that the other issues be addressed early next year. Reports from Council Committees There were no reports. Comments from Staff Mr. Smith thanked Council for the opportunity to serve them again next year. He also noted that he has greatly enjoyed working with the three outgoing Council members who have donated Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 11 Meeting DAYTON LEGAL BLANK CO.. FUHM NU. lU14t::1 Held December 20, 1993 19 countless hours to serving the city over the past years. Mr. Hansley noted that he, too has greatly enjoyed working with the outgoing Council members. He commented that this Council has had the unique ability to disagree without being disagreeable to each other. He praised the present Council members for their ability to carry out their Council duties while remaining friends. He also thanked all of Council for the opportunity to work with them. Mr. Foegler commented regarding Metatec that, from his viewpoint, it is the largest economic development project in the four years he has been with the city, and is likely to be one of the largest in the next few years. It is the ideal profile of what the economic development program is all about _ retaining existing companies which choose to stay here and expand rather than relocate. It is also the ideal type of industry - a high technology, multi-media information industry where major growth is expected in the coming years. Ms. Grigsby thanked Council for the adoption of the 1994 budget. Secondly, she noted that income tax collections through November are up by ten percent. She also pointed out a memo in the packet regarding the possibility of upgrading of the city's financial ratings. Mr. Kindra reported that the Tuller Road lights have been turned on for a 10-day burn test. Mr. Lenz stated that the 5800 Building renovation is on schedule. He then provided the plaque to Council which will be displayed in the building with the names of the Council members. The residential building permits issued for the year will be close to 500. Chief Ferrell and Chief Bostic both added positive comments about the outgoing Council members. Jim Manus, outgoing Chairman of Planning & Zoning, thanked Council and staff for the opportunity to work with them over the past 6 years. Council Roundtable Mr. Campbell: 1. Thanked Mr. Manus for the time he has put in over the years with Planning & Zoning Commission. 2. Endorsed Ms. Colwell's suggestion that Mayor's Court change to a quarterly report to Council from a monthly reporting status. Council members had no objection to this. 3. Pointed out that he had recently attended a meeting of the Architectural Review Board and Old Dublin Association. They are undertaking a review of signage in the Old Dublin area. He suggested that Council members pick up a copy of the signage being reviewed there to provide them with input. Mr. Campbell also had commented to the Old Dublin Association that Council will be looking for some positive response from the business and residents prior to expending additional funds in the Old Dublin area. 4. He added that he wishes the best of luck to all outgoing Council members in the future. Mrs. Kin~: 1. Thanked the outgoing Council members for all of their hard work over the years and also thanked Jim Manus and Marlaine Manus for the contributions they have made. 2. She noted that there was a memo in the packet regarding the C.A.T.A. income tax collection, and she thanked Ms. Grigsby for her efforts in improving the accuracy of the collections. 3. She asked about plans for a reception for outgoing board and commission members. The clerk responded that invitations will be sent out after the first of the year for an event scheduled tentatively for Friday, February 11. The Chamber of Commerce is working jointly with the city on the event. Mr. Sutphen stated that he suggests that the new Council utilize a consent agenda format to speed up meetings. He again thanked everyone. Mr. Kranstuber commented that: 1. The reports provided to Council regarding income tax collections should include the percent of the increase over the budgeted amount. This would be much more helpful. 2. Mr. Kranstuber added his thanks to Jim Manus for his efforts on Planning & Zoning. Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 12 Meeting DAYTON LEGAL BLANK co., FORM NO 10141:1 Helrl December 20, 1993 19 Mr. Strip noted that he is looking forward to becoming friends with the new Council members. He will greatly miss the outgoing Council members. ".....''tJ Mr. Amorose thanked Council members for their kind words and wished them the best of luck. ~,,!IlIii Mayor Rozanski: 1. Introduced his son, Keith, who is present tonight. 2. Suggested to the present Council and the future Council members that they agree to disagree without being disagreeable, as Mr. Hansley alluded to previously. Mr. Kranstuber moved to go into executive session for personnel matters. Mr. Sutphen seconded the motion. Mayor Rozanski asked that the newly elected Council members join in the Executive Session. Mayor Rozanski announced that the meeting will not be reconvened following the Executive Session where no action will be taken. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mr. Sutphen, yes; Mrs. King, yes; Mr. Amorose, yes; Mr. Campbell, yes; Mayor Rozanski, yes. The meeting was adjourned at 10:30 p.m. ifl"1-"'~ MaYO~!i - ~~~ Clerk of Council -------- ~ _~"ll -