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HomeMy WebLinkAbout12/17/1990 RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYT N LEGAL 6LANK CO. FORM NO. 10148 Held December 17, 1990 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 17, 1990. Mr. Strip led the Pledge of Allegiance. Members of Council present were: Mr. Amorose, Mr. Campbell, Mayor Rozanski, and Mr. Strip. Mrs. King arrived at 7:35 P.M. Ms. Maurer and Mr. Sutphen had excused absences. Mr. Smith, Law Director, and Mr. Hansley, City Manager, were also present as were other members of City staff. Correspondence There was no objection to an application for a D5 liquor permit for Stelzer, Inc., 6379 Sawmill Road. Comments from Citizens None Ordinance No. 53-90 - Ordinance Providing for a Change of Zoning on a 51.387 Acre Tract Located on the West Side of Wilcox Road at the Inter- section of Tuttle Road and Wilcox Road, South of Rings Road. Public Hearing. Registering as proponents were Mr. Chris C1ine,Mr. Jim Houk and Mrs. Judy Yoder. Mr. Kim Davies registered as an opponent. Mr. Bowman had the following comments: 1. The subject 51± acre site is Located on the west side of Wilcox Road where Tuttle Road currently deadends into this property. 2. The rezoning plan is very detailed and complicated. 3. After two informal discussions, the Planning Commission recommended approval of the rezoning in November. 4. The property is important due to the fact that Tuttle Road must be extended westward across this property so that it can eventually tie into Avery Road. 5. Also important because Wilcox Road must be realigned. 6. Showed slides of the site. 7. Proposal is to straighten Wilcox Road, cul-de-sacing one end of Wilcox Road. 8. Within the 51 acres, 20.6 acres would be rezoned to a special commercial zoning district, a Planned Commerce District; 2.6 acres would be dedicated exclusively to office use; 17.4 acres would be rezoned to multi-family; the northernmost area, 7.7 acres, will be purchased for parkland. 9. As part of the entire zoning package there are two text portions - one entitled Composite Plan and another called the Windmiller Tract. Also attached to the document is a letter from Mr. Chris Cline to Kathy Tatterson. 10. Staff and the Planning Commission recommend approval with the follow- ing conditions: A. Stormwater design shall comply with MORPC guidelines as per the approval of the City Engineer. B. Pavement and roadway design features shall comply with Dublin standards as per the approval of the City Engineer. C. The applicant shall cooperate with the City Engineer to determine if roadway ditch improvement modifications are needed along old Wilcox Road, and to build the resulting ditch as per the approval of the City Engineer. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 10148 Held December 17, 1990 19 Page Two D. Utilities shall be designed to meet Dublin standards for materials, construction and easements. E. All necessary corrections to text and plans be made prior to the Council hearing. (Has been complied with.) F. The letter from Chris Cline to Kathy Tatterson dated November 7, 1990, as amended, shall be incorporated into the rezoning documents and bind the applicant to those commitments. Mr. Cline reported that the letter to Kathy Tatterson had been updated and is now dated December 6, 1990. A summary of Mr. Cline's comments is as follows: 1. Tuttle Road will be a major road, going to the freeway and to the interchange associated development. It will also be the northern gateway into Hilliard, as well as replacing Rings Road as the major east/west road. 2. Wilcox Road will be straightened. The county had planned to do the project, but the Franklin County Plan would have taken out some of the frontage of homes along Wilcox Road, and the residents did not like that. 3. This plan proposes a different alignment, one which does not require purchase by the county or the city, and also does not take away any home frontage. 4. With regard to the obligation of the applicant to the roadway - 80' of right-of-way will be dedicated for Tuttle Crossing's boulevard as well as 10' utility easements on either side, so that the City effectively does have 100' of right-of-way for five lanes. 60' of right-of-way will be dedicated for Wilcox Road. Overall, about five acres will be dedicated for roadways. Wi11 build three lanes of Tuttle Road from the new Wilcox Road alignment westward to the boundary. Have also committed that if at the time the western, commercial quadrants are developed that the City has a plan in effect for doing five lanes from Tuttle Crossing to Avery, that the applicant will also build five lanes, but the City has got to be specifically underway in terms of making five Lanes happen. 5. The relocation of Wilcox Road is a City/County project. The applicant will dedicate the land. 6. The applicant has worked with the City in terms of land uses that will be permitted in this zoning category, being a tailored planned development, and intended to be beneficial to the surrounding residential neighborhood. 7. One smaller size grocery store would be permitted, and other than that the land uses must meet very specific size and approval limitations. 8. The north quadrant was originally planned as multi-family, but the existing residents requested that it be office use, so it was changed. 9. The area that was zoned R-12 will actually be eight units per acre, a condominium development. Mr. Amorose asked why won't the entire length of Tuttle Road be constructed as three Lanes immediately. Mr. Cline said that it will be, but that the part that the applicant will pay for will be from relocated Wilcox Road west. The other section will be part of the Wilcox Road relocation project. Mr. Jim Houk of Bohm-NBJ discussed in greater detail the special commercial area. What is envisioned is a town center, a pedestrian scale environment, architecturally and Landscaping-wise. There is a street tree program that falls within the City of Dublin street tree program that will go down the relocation of Wilcox Road to Tuttle Crossing. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DA N LEGAL BLANK CO. FORM NO. 10148 Held December 17, 1990 19 Page Three Instead of traditional mounding, the applicant would use a three foot evergreen hedge, being keyed in with special landscape features at each of the entrances. Mr. Houk noted that the heart of the whole program would be the inter- section of Tuttle Crossing and Wilcox Road with a village square approach, a pedestrian orientation to the intersection. There would be small pocket parks which would have benches, seating areas, and evergreen hedges throughout. He noted that a buffering plan has been worked out with the existing residential area. Mr. Houk said that they have committed to carry the street trees across on the other side of old Wilcox Road as well as creating landscape buffers between the applicant's commercial area and the proposed multi-family area along the back. He did note that without specific users that they took a look at the architectural detailing in ways that it may be handled, and created very strict standards without developing a particular plan and elevation. Mr. Houk did say that they were trying to set a character for the development, mentioning gabled roofs, dormers, lighting fixtures that were utilized in old Dublin, etc. Mayor Rozanski and Mr. Campbell complimented the representatives on their work and plan. Mrs. Judy Yoder said that the Rings Road and Wilcox Road area residents have chosen not to oppose the rezoning and development of the Windmiller Tract because it follows the Southwest Area Plan which was a commitment prior to the area's annexation. Mr. Campbell said that at the last Planning and Zoning Commission meeting that he represented to the residents that it was Council's intention to proceed with the park in that Location, the location which joins the present Washington Township/City Community Center Park. Mr. Kim Davies, registering as an opponent, said that their position was that they will not actively oppose the approval of this request if it is made contingent upon the text, the amendments to the text and the letter addressed to Kathy Tatterson dated December 6, 1990. Mr. Davies did express a concern regarding possible ramifications to area wells and septic systems with this development. He said that he would like to see Council devise some type of a contingency plan which would cover and assist the residents should problems occur, such as cracked aquifers, covered creeks that are used for aeration systems, etc. Mayor Rozanski said that Council would take that under advisement. Mrs. King suggested that perhaps the Council Public Service Committee could research the matter and find out how others have addressed similar situations. Mrs. King and Mayor Rozanski said that they were pleased with the cooperation among staff, developers and residents in working on this rezoning request. Mr. Campbell moved to do away with the three time reading rule (but not treat as an emergency). Mr. Strip seconded the motion. Vote - Mr. Strip, yes; Mayor Rozanski, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Amorose, yes. Ordinance No. 107-90 - Ordinance Amending Certain Sections of the Compen- sation Plan (Ordinance No. 17-90). Third Reading. Mrs. King moved to amend the Ordinance by substituting a new page two. Mr. Amorose seconded the motion. Vote on the motion - Mr. Amorose, yes; Mr. Strip, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Campbell, yes. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 Held December 17, 1990 19 Page Four Vote on the Ordinance - Mrs. King, yes; Mr. Campbell, yes; Mr. Strip, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Ordinance No. 109-90 - Ordinance Authorizing the City Manager to Enter Into a Contract to Purchase Park Land in the Northeast Quadrant. Third Reading. Mr. Smith reported that all interested parties had reached a final draft of the contract; that the seller would like to close the deal by the end of the year; therefore, they would ask Council to treat the Ordinance as an emergency. Mr. Amorose asked if there was an actual survey of the property. Mr. Smith said that he had two legal descriptions that total 34.7 acres per a survey done by R. D. Zande and Associates which was finalized on November 16, 1990. It was determined that this would be an additional 35 acres of park land; that it is not included as part of the green space ordinance. Ms. Jordan reported that it was always planned that the City would purchase the property during calendar year 1990; that there are funds set aside for this purpose. Mrs. King noted that the City had made a commitment to the voters to purchase property for park land under the bond issue passed in May. Mr. Amorose moved to treat the Ordinance as an emergency. Mrs. King seconded the motion. Vote - Mr. Campbell, yes; Mr. Amorose, yes; Mr. Strip, yes; Mrs. King, yes; Mayor Rozanski, yes. Vote on the Ordinance - Mr. Strip, yes; Mr. Campbell, yes; Mr. Amorose, yes Mayor Rozanski, yes; Mrs. King, yes. Ordinance No. 123-90 - Ordinance to Raise Speed Limit West of Wilcox Road on Rings Road and all of Avery Road South of Valley Stream Drive. Second Reading. Mrs. King wondered about perhaps making a motion to amend the Ordinance to have it read 45 MPH from Glick Road south (Avery Road). Lt. Geis said that personally he would have some concerns with that. Several members of Council had concerns with raising the speed limit in the Avery Road Park area. Mr. Hansley reported that at the Administrative level there had been no response from residents regarding raising the speed limit in the two areas. Mr. Strip moved to waive the three time reading rule and treat as an emergency. Mr. Amorose said that he would prefer to have a third reading, and give residents another opportunity to express their concerns, if any, on the issue. Mr. Campbell agreed, and said that it should be made clear that should the character of the neighborhood(s) change that Council would probably decide, in the future, to reduce the speed limit. There will be a third and final reading of the Ordinance at the next regularly scheduled Council meeting on January 7, 1991. Ordinance No. 125-90 - Ordinance Authorizing the City Manager to Enter into a New Contract with the Law Director. Second Reading. Since the current contract will end on the last day of December, Mrs. King moved to waive the three time reading rule and pass Ordinance No. 125-90 as an emergency. Mr. Strip seconded the motion. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 70148 Held December 17, 1990 19 Page Five Vote on the motion - Mr. Strip, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Vote on the Ordinance - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes Mr. Strip, yes; Mayor Rozanski, yes. Mr. Amorose moved to adjourn to Executive Sessaion at 8:35 P.M. Mr. Strip seconded the motion. Vote - Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Council returned to the regular meeting at 9:09 P.M. Ordinance No. 126-90 - Ordinance to Accept the Lowest/Best Bid for Muirfield Drive Connection. (E). First Reading. Mr. Strip introduced the Ordinance. Mr. Strip moved to insert in the Ordinance that the Lowest/best bid was from Nickolas Savko & Sons, Inc. in the amount of $1,306,808.55 for the alternate bid with concrete, a requirement that the project be completed in 210 days and for liquidated damages at $800/day. He also moved to waive the three time reading rule and treat as an emergent . Mr. Campbell seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Vote on the Ordinance - Mayor Rozanski, yes; Mr. Amorose, yes; Mrs. King, yes; Mr. Campbell, yes; Mr. Strip, yes. Mr. Strip said that he would like to see a copy of the contract prior to the next Council meeting. Mr. Amorose also suggested getting some type of monthly report from the Engineering Department while the project is underway. Ordinance No. 127-90 - Ordinance to Amend the Annual Appropriations. (E). First Reading. Mr. Amorose introduced the Ordinance, moved to waive the three time reading rule and treat as an emergency. Mrs. King seconded the motion. Vote on the motion - Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mrs. King, yes. Vote on the Ordinance - Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes; Mr. Amorose, yes. Ordinance No. 128-90 - Ordinance Adopting the 1991 Temporary Appropriations (E). First Reading. Mrs. King introduced the Ordinance. Mr. Amorose moved to waive the three time reading rule and treat as an emergency. Mrs. King seconded the motion. Vote on the motion - Mr. Strip, yes; Mr. Amorose, yes; Mayor Rozanski, yes; Mr. CAmpbell, yes; Mrs. King, yes. Vote on the Ordinance - Mrs. King, yes; Mr. Campbell, yes; Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Strip, yes. Ordinance No. 129-90 - Ordinance Authorizing the Purchase of Services to Repair Existing Sanitary Sewer Lines. (E). First Reading. Mr. Strip introduced the Ordinance. RECORD OF PROCEEDINGS Minutes of Dublin city council Meeting Meeting DAYTON LEGAL BLANK CO. FORM NO. 10148 Held December 17, 1990 19 Page Six Mr. Amorose moved to waive the three time reading rule and treat as an emergency. Mrs. King seconded the motion. Vote - Mrs. King, yes; Mr. Campbell, yes; Mr. Strip, yes; Mr. Amorose, yes; Mayor Rozanski, yes. Vote on the Ordinance - Mayor Rozanski, yes; Mr. Amorose, yes; Mr. Strip, yes; Mr. Campbell, yes; Mrs. King, yes. Other Request for Approval of Preliminary Plat - Muirfield Drive Connection Mr. Strip moved to approve the Preliminary Plat-Muirfield Drive Connection. Mr. Campbell seconded the motion. Vote - Mr. Campbell, yes; Mr. Amorose, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes. Request for Motion of Council to Approve Construction of a Fieldstone Wall. In summary, Mr. Kenneth Carver, a citizen residing at 8731 Glenamoy Circle, had requested permission to install and maintain a Low, dry-laid, field- stone wall along a portion of the City right-of-way for S.R. 745 that abuts his property. Noting that the request was supported by the City's Division of Engineering Mr. Strip moved to approve the request. Mr. Amorose seconded the motion. Vote -Mrs. King, yes; Mayor Rozanski, yes; Mr. Campbell, yes; Mr. Amorose yes; Mr. Strip, yes. Landscaping for the Blazer Parkway area, and the City's commitment, Council agreed that the landscaping was a part of the City's original commitment; that the cost would be included as part of the 1991 budget; and that the staff would develop a landscaping plan. Regarding the request for additional funds from the Convention and Visitors Bureau, Council agreed that the additional $14,000 to $18,000 that the Bureau would be receiving this year, an additional amount over and above the projected monies received from the bed tax funds, that they would not allocate additional funds for the printing of the brochure, etc. which had been requested. Proposed Canince Unit Mr. Campbell said that at the recent demonstration that he had noted that the dog had been very mild mannered, very well controlled and well trained; that such a dog could provide a positive image to the children in the community, helping them to feel comfortable with the officers of the Police Division, and that yet if the dog would be needed for criminal activity that it would be available. Mayor Rozanski said that he had been very favorably impressed with the interaction between the dog and children. Lt. Geis reported that private donations from two civic groups had been received. Mr. Amorose wondered about an agreement, a legal contract, between the City and the officer in charge of the dog, those types of issues needing to be addressed "up front". Lt. Geis said that those potential problems had been identified and that they would be addressed. Mr. Amorose wondered, should the officer move how Long it would take to retrain the dog, assign a handler, etc. Lt. Geis said that the maximum amount of time would probably be two months. It was noted that when the officer is off duty, the dog is off duty; that there is no such thing as a backup officer; that being incompatible with the training of a police canine dog. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting N LE AL BLANK CO. FORM NO. 10148 I Held December 17, 1990 19 Page Seven It was the consensus of Council that the Police Division could go ahead with plans for a canine unit. Comments from Staff Mr. Foegler 1. Reported that staff has been working with Woolpert Consultants, and that at the first meeting in January, Woolpert Consultants will make a presentation regarding the various alternatives in terms of type and location for a retention system, as per ordered by the Ohio EPA in September. 2. Also reported that Burgess & Niple will have a presentation before Council on January 7, 1991, reflecting their assessment, their evaluation of their six month study of inflow/infiltration. 3. Regarding prioritization of the capital improvements program projects. Staff has developed a series of policy statements, about 20 state- ments, that will be distributed to Council by mail. Council will be asked to prioritize those statements, and from that information, staff will apply those to the various projects for a recommended program. 4. Have received from Franklin County, in digitized electronic form, all the mapping of Dublin at no cost to the City. It is about 28 disks, and the City has ordered the basic hardware and plotter which will allow the City to produce, hopefully, in January or February, digitized, accurate maps of Dublin that reflect structures, lot lines, public improvements, etc. Said that this will be a very useful tool, not only for planning but for builders and developers and others who require different types of mapping at any scale that would be desired. Mrs. Metz 1. Wondered about timing as regards a future Council Finance Committee meeting, specifically mentioning the requests for bed tax funds. Mr. Strip said that he would schedule a Finance Committee meeting no later then the second week in January. Mr. Harding 1. 228 candidates participated in the police officer written exam on Saturday, December 15th. Of those 228 candidates, 26 were female applicants. The next step in the process will be to appoint the oral examination board and schedule the oral examinations. Reported that the City is anticipating hiring three to seven additional police officers. Should the City contract with Washington Township to provide police protection, more then likely a full complement of seven officers will be required. Ms. Jordan 1. The winter Parks and Recreation brochure will be available the first week in January. Mr. Bowman 1. At the conclusion of the meeting, staff will make available to members of Council the Land use study that has been completed for the Bright Road area. A public hearing will probably be scheduled for mid-January. Mr. McDaniel 1. On December 15, approximately 170 people brought their recyclables to the second City drop-off center at the Municipal Service Complex. RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYT N LEGAL BLANK CO. FORM NO. 10148 Held December 17, 1990 19 Page Eight Mr. Johnson 1. Staff will start videotaping sewers again, looking for infiltration/ inflow. Council Roundtable Discussion Mr. Strip 1. Mentioned again that something needs to be done at the Bridge and High Street intersection, specifically for those motorists traveling east who wish to turn left onto North High Street and go north on S.R. 745. Mr. Amorose 1. Need to complete the appointments to the boards, commissions and committees. A special meeting of Council was scheduled for Saturday, December 29, 1990 at 9:00 A.M. for the above stated purpose. 2. Wished everyone a Merry Christmas and Happy Hannukkah; said it had been a pleasure working with Council the past year on some tough issues and thanked staff for their able assistance. Mr. Campbell 1. Thanked Mr. Steve Mack for taking the time to stand in the middle of a very sensitive issue on the vote earlier in the evening on the Muirfield Drive connection situation. 2. The Development Committee is continuing to meet on a monthly basis - said committee being comprised of representatives from the Dublin business community, representatives of Council, representatives from the Planning and Zoning Commission, and members of City staff. 3. Wondered about a situation where Ashland Chemical must go to the State for various approvals. Mr. Foegler reported that there are situations involving commercial buildings where the City has no authority to waive the commercial code, and also noted that the City has offered, if staff thinks the request is reasonable, to work with Ashland Chemical to help them get the appeal. Mr. Hansley said that Ashland Chemical has a continuing need to move partitions within their buildings. Staff has arranged a meeting with Mr. Smith, Ashland's architect, to see if there is something about the State code that can be changed to give the City some local authority to sign off on a continuing practice, such as moving partitions, for a large industry. 4. Wished everyone Happy Holidays. Mrs. King 1. Read a note from a resident which she received some time ago: "Dear Dublin City Council, This is an official thank you note. Do you get many? I want to thank you for repairing the roads in River Forest Subdivision. It makes all the difference in our community psyche. I've lived here for 12 years and I can't remember them looking so manicured. I'd also like to salute you for creating the landscape portals entering Dublin. They look wonderful and are quite impressive. Their color and proportion and naturalness are commendable. I'm proud to drive into Dublin. (Signed) Laurie Hill? RECORD OF PROCEEDINGS Minutes Of Dublin City Council Meeting Meeting DAYTON LEGAL BLANK 00. FORM NO. 10148 Held December 17, 1990 ig Page Nine Thanked staff for generating such mail and noted that it was nice to receive it. Mayor Rozanski 1. Suggested perhaps putting on Council agendas an item for Comments from Council Committees. 2. Thanked staff for an excellent job which was greatly appreciated during the year. Wished all Happy Holidays. Mr. Strip moved to adjourn to Executive Session to discuss Litigation and land acquisition. Mr. Amorose seconded the motion. Vote - Mr. Amorose, yes; Mr. Campbell, yes; Mrs. King, yes; Mayor Rozanski, yes; Mr. Strip, yes. f, yor - Presidi fficer lerk of C nci