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Home My WebLink About83-94 Ordinance t:I j~r RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 Ordinance NO'.n.8.3.~.'.4.nm.. P assed.n.m.u... nmnU .mm.nmnm nm' m.19 n' n --. AN ORDINANCE TO APPROPRIATE FUNDS FOR AND TO ACCEPT THE LOWEST/BEST BID FOR THE ,..-. COFFMAN ROAD BRIDGE LANDSCAPING PROJECT -~$- WHEREAS, it is necessary to appropriate additional funds for the landscaping of the Coffman Road Bridge; and WHEREAS, after advertising, receiving, and opening bids on August 23, 1994, for the Coffman Road Bridge Landscaping; and, WHEREAS, council has determined that the lowest and best bid for said project is from Darby Creek NUrsery in the amount of $25,165.98; and, NOW, THEREFORE, BE IT ORDAIN~ by the council of the City of Dublin, state of Ohio, of the elected members concurring: section 1. That there be appropriated from unappropriated balance in the Capital Improvements Tax Fund the amount of $25,165.98 to account 40-03-14-2550 for the purpose of landscaping to fulfill commitments to the residents of willow .--. Grove; and, section 2. That the bid from Darby Creek NUrsery in the amount of $25,165.98 be, and hereby is, accepted. section 3. That the city Manager and Finance Director be, and hereby are, authorized and directed to execute a contract with Darby Creek Nursery for completion of said project pursuant to bid specifications and contract documents on file in the office of the Department of Development. Passed this ,3vL day of tJ)e;-ro he-r ,19 qLj . Mayor ~% Officer Attest: ~ {!. ~A~ Clerk of Council r l,~ _. . 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'10 -'- . \\' o~. ' ' ,~ '.. ;1\" . " -. :~. ' --, .. Y' T. II Q , / / Xl -- .. · '.... ",."-.... ' \ ~~ ,," /,' . .. '1 "~l--- i: . \ (~ ':I'--. ~ '/ '\'i!W ~ ~ i .. ~ ' &.' '<G- ------ :': I C,:) \ ~~:: _ " . I ____ 1 \ \ \. \ u~'9 \ ______ - ! .l-- ~\'11\::l1"y.i -=- u" ~oa J----.... {lcol\ , ----- , ---- -' . l =- K-rlii. i.li-'~ ~',:"i\' C~.f.'" -. j "",J IL~'Rr 111 .... oil RECORD OF PROCEEDINGS of Dublin City Council Meeting Meeting iI Helil April 18, 1994 II 19_ IL- . .- - ,-- The regularly scheduled meeting of the Dublin City Council was called to order by Mayor Joel Campbell at 7:30 p,m. on Monday, April 18, 1994. Mrs. Stillwell led the Pledge of Allegiance. Members of Council present for roll call were: Mr. Strip, Mr. Zawaly, Mr. Kranstuber, Mayor I Campbell, Mrs. Boring, Mrs'. King and Mrs. Stil1well. Mr. Hansley, Ms. Grigsby, Acting Planning 1 Director Mary Newcomb and Acting Law Director John Seidenstecker were also present. I' ADDroval of Minutes of ADril 4. 1994 Mcetinl! II Mrs. Stil1well moved approval of the minutes of April 4. II Mr. Zawaly seconded the motion. II Vote on the motion - Mayor Campbell, yes; Mrs. King, yes; Mr. Kranstuber, yes; Mr, Strip, yes; II Mr. Zawaly, yes; Mrs. Boring, yes; Mrs. Stillwell, yes. II Proclamations II Denn~ Lvnch Vice President of Communications of Wendv's lnternational. introduced the 1994 "Looking for Wendy" winner. 17-year old Maggie Hall of Westland High School, Galloway, Ohio. ,I Mayor Campbell presented Wendy's International the City of Dublin "Definitely a Good Citizen II , Award. for being selected by consumers as America's best hamburger chain for the 14th consecutive II year. I Dave Pal!nard of the Solid Waste Advisorv Committee. assisted by "Wendy", presented certificates I I to the five winners of the City of Dublin's Earth Day Poster Contest: Kristina D'Onofrio, MichBlIe II Klemmer, Ayumi Kusama, Courtney Zelmer, and Betsy Miller. Mayor Campbell proclaimed the week of April 17-23, 1994 as "The Week of the Young Child" in II << the City of Dublin. Patrick Callahan, Principal of Thomas Elementary accepted the proclamation. Corresoondence II ,I The clerk reponed that a notice to legislative authority was sent for a new C-I and C-2liquor license ii !! for John Canter at 126 South High Street. Nate Gordon. representing the applicant stated that the II license will be used for gift baskets. There was no objection from Council to the issuance of the Ii permits. q !: t. omm fro Vi i 0 n Jim Fox. 5177 Willow Grove Place. President of the Board of Willow Grove Condominium ji i! Association, stated that the Association has the following concerns regarding the recently passed 'I Ordinance 31-94, authorizing an agreement with the Xoggz soccer team: the need for emergency II action; failure to notify Willow Grove homeowners of the agreement; use of tax dollars to suppon 11 the facility; financial implications of the contract for the City; disregard of the 1985 zoning ,\ conditions for this site; no representation from Willow Grove homeowners on the decision-making 1\ process; and if the site is to be temporary, this was not stated at the Council meeting. Mr. Fox also expressed concerns regarding the Coffman Road widening project in that the City Engineer did not I give a satisfactory explanation to Willow Grove homeowners about the impact of the expansion, i.e., i the safety issues involved with entering a double lane highway with a speed limit of 45 mph. He suggested that. in the future, Willow Grove residents be contacted regarding proposals that would affect them. Nancv Wahll!ren 6735 Willow Grove East, noted that the City had shown complete disregard for I the Willow Grove homeowners with the enactment of Ordinan~ 31-94. She does not understand how property zoned as office park can be used for a commercial enterprise without a rezoning. She asked if Council or any of their family members have a vested interest in this commercial enterprise. I Mayor Campbel1 then asked Council members if anyone had a vested interest in the enterprise and they all responded that they did not. Mr. Hansley explained that the soccer games are considered to be a special event similar to the Muirfield Golf Tournament. The city attorney has ruled that the City has not changed the basic use of the propeny, and therefore no rezoning is necessary. A temporary special events permit was issued by City Council to allow ten soccer games to be used on a site that was previously used for athletic events. Mayor Campbell explained that bed tax dollars were used to fund this project. Bed tax is the ponion of the budget specifically used for creating cultural and special events to enhance the image of the city, to draw interest to Dublin and to promote overnight stays in hotels and motels, generating I additional bed tax dollars. He also explained that the emergency action was required due to thc need ! ."._".~'.~ I ":,."",,",,,,4."~="~,-'",,'''~-' . ~". .. " RECORD OF PROCEEDINGS Dublin City Council Meeting Page 2 Meeting ".t~'T~I~r~ttO~!-__ He}r! April 18, 1994 19_ ~;.=;:;: .-:=: ----~------ = .==. -- .,- -==-=- -.. -- to have the agreement executed so that preparations could begin for the first game on April 23. Mrs, King expressed regret that the residents were not made aware of the proposed legislation, but pointed out that it is imponant to move forward now to address their concerns. R Panel'!lon Willow Grove resident expressed concerns about several issues: liability to citizens, increased traffic hindering emergency.services delivery, zoning issues, selling alcohol close to the school, the residents' right of quiet enjoyment of their propenies, the possible need for lights on the '<<, . field, ponable restrooms, and whether this represents a good use of city tax dollars. Mary Lou Kismer 6743 Willow Grove Place East. commented that the City has a consistent record of keeping residents informed of city projects. She asked why residents were not informed about the soccer plans. She also noted that she was unable to get answers from City staff when calling with questions about the construction underway, Ms. Kistner asked when the contract was entered into, how she can obtain a copy of the contract and how can this contract be reversed. Mayor Campbell stated that the contract cannot be reversed. He commented that Council took into consideration the best interests of the 20,000 citizens who live in Dublin, and determined that this was a good decision for the City as a whole. . . Barrv Hanks 6763 Willow Grove Place Eac;t. expressed his desire to focus on the quality of life issue and neighborhood issues. He explained that he was on the negotiating committee when the land was swapped with the high school. It was his understanding that there would be buffering, ~. landscaping, and other separating design features to buffer Willow Grove from future office park I development. He urged Council to consider the issues of safety, traffic congestion, and buffering if the stadium is to be permanent. Mayor Campbell commented that staff will make every effon to deal with safety/traffic concerns. This city hosts a large number of special events and city staff works very hard to ensure that traffic and safety concerns are a priority. Lee Grahi1l resident at Willow Grove since 1981. shared that he enjoyed the school/family atmosphere when the football field was next to their complex, but he does not feel the same way about having a privately owned professional soccer team play adjacent to the complex. Willow Grove has not complained about all the special events or the construction in the past. They malce a special effon to keep Willow Grove nicely landscaped so that it looks great during Tournament time. He requested that Council seek input from the citizens of Willow Grove when malcing decisions which affect them. , Lou Lenz Willow Grove resident added that she was very pleased with the quick response from I Council Member Boring who met with the Board Members regarding these issues. Mrs. King suggested that Willow Grove appoint one representative to work: with the City to facilitate communication effons. She expressed her thanks to Willow Grove residents for their beautiful landscaping which enhances the City. Discussion followed about the unknown source of the flier distributed to Willow Grove residents. Mr, Strip commented that the decisions made by Council were determined to be in the best interest of the city. He has had good feedback from many Dublin residents about the new soccer team. He encouraged residents of Willow Grove to work with the City in a spirit of harmony. Mr, Hansley responded to residents' concerns stating: I) There will be no lights for the ten games. Games were scheduled so that lights would not be necessary. 2) The contract does permit beer sales if proper application is made to the State. He added that beer has been sold at Coffman Park during special events. 3) He does not anticipate any problems in getting emergency vehicles through to Willow Grove during games. Police carefully monitor traffic problems in these situations. 4) The contract was signed Tuesday morning following passage by Council on Monday I evening. He offered to make copies for residents who would like to review the contract. Mrs, Boring expressed regret that residents were not aware of the proposed legislation, She noted I I -"~~, that staff does react to concerns and is very willing to listen. She added that a follow-up meeting ._~~ I .""", .~. , - . RECORD OF PROCEEDINGS Dublin City Council Meeting Page 3 Meeting April 18, 1994 19_ -" ---.-.-.- --- .---- -- -.--- with residents will be scheduled after the first soccer game to address any concerns. . Mr. Hansley advised that paving will commence tomorrow on the service road and parldng lot for the games in order to comply with ADA requirements. Rented bleachers will be removed on July 25th, immediately fol1owing the last game. He added that the road behind Willow Grove will be used for service vehicles only. Staff will work with Mr. Fox of Willow Grove to address any issues that come up. Mr. Zawaly thanked everyone for attending tonight to express their views. He noted that Council often must make a difficult decision based on what is in the best interests of all of the citizens of Dublin, He urges that citizens now focus on safety, traffic and buffering issues for the duration of the 10 scheduled games. Mrs, Stillwell stated that Council will in the future be more sensitive to notifying residents who are affected by actions of Council. She stated that Council is hoping to work with the residents to ensure a pleasant summer for all. Mayor Campbell stated that no one involved with this project made any effort to intentionally cause any harm to anyone. Council believed it was in the best interests of the city, and for this reason, endorsed the project by a unanimous vote. Council will work with staff to ma1ce every effort.to mitigate any difficulties arising from the project, ~islalion .. rdinance No. 59-93 - An Ordinance Providing for a Change of Zoning of 30.891 AC1"e5 I of Land, Located on the North and South Sides of Tuller Ridge Drive, to be Rezoned from: I CC, Community Commercial District to: POO, Planned Unit Development District. (Sycamore Ridge) (Third Reading Reconsideration) (Applicant: Hallmark Community, c/o Jeffrey L. Brown, 37 W. Broad Street, Suite 725, Columbus, OH 43215) Mayor Campbell provided a brief history of Council's previous consideration of this rezoning. I Ben Hale Jr.. renresentinl! the annlicant. advised that the sewer situation has been clarified as - outlined in a letter to Terry Foegler dated March 21, 1994. He also advised that the city's I Economic Development Study indicates that this site is potentially more appropriate for residential use than commercial. He noted that Council has received a letter from the applicant assuring that no additional units will be added to the project in this quadrant. Mr. Strip stated that, for the benefit of future developers, he wants to clarify that they would have a hard time convincing him to make a change from commercial to residential. Passage of the rezoning tonight should not be taken as a signal that Dublin is anxious to rezone good commercial property to residential, and the vote tonight does not represent any change in the city's policy of rezoning commercial property to residential. Tonight's vote is on the Sycamore Ridge proposal and takes into account the staff report, the P&Z recommendation, and the Mt. Auburn Associates recommendation. Mrs. King noted that the key issue tonight is whether or not this site should be rezoned. The Mt. Auburn report is Dot finalized at this point in time, and therefore basing any recommendation on it would be premature. She is not concerned with having an 18 to 20 year supply of various land use types. She would welcome this project at a location that is already planned to be residential. ~ ' . '~l Mr. Zawaly agreed with Mrs. King's comments. Council has not yet digested the total impact and import of the Economic Development Study. He funber noted that the Economic Development Study has not involved the public at this time, and it is premature to ma1ce decisions based on the .., report. This site is basically incubator land for future small businesses. Downzoning would be premature at this time. Mr. Kranstuber noted that he accepts the recommendation of staff and P&Z, and does not believe " that this area is viable as a commercial use. Mrs. Boring expressed her concern that there is no comprehensive roadway system in place or even planned to support the development. She also believes that the information is premature and that a decision should not be based on this. Council should set policy and not staff. Mrs, Stillwell stated that this is a land use that makes sense for this piece of property at this : particular time. She commented that, based on the information provided to Council, this area would I , MEMORANDUM TO: City Council FROM: Timothy C. Hansley DATE: September 7, 1994 SUBJECT: Ordinance 83-94 - Coffman Road Bridge Landscaping INITIATED BY: Mary Newcomb, Planning Division Earlier this year the City agreed to design and install a landscape buffer along Coffman Road, adjacent to Willow Grove and the new five-lane bridge. Planning Staff met on several occasions with an ad hoc landscape committee of Willow Grove to develop a landscape plan that would help to buffer the Willow Grove residents from Coffman Road and at the same time provide an attractive gateway to the City. The plan (please refer to attached reduction) incorporates a mixture of evergreen and deciduous trees and shrubs, street trees along Coffman Road, and daylily/daffodil beds. On August 23, 1994 bids were opened for the Coffman Road Landscaping Project. The bidding was fairly competitive with eight bids submitted. The low bid for the project was $25,165.98 submitted by Darby Creek Nursery. They have extensive residential experience and are just beginning to enter the commercial/municipal sector. To fulfill commitments made to the Willow Grove residents, funds must be appropriated for the project. Staff is recommending that the bid be awarded to Darby Creek Nursery. It is expected that the landscape installation will begin the by the middle of October and will be completed by the beginning of November. ...._".",~;..""' ..~c..l. ) ~ MEMORANDUM TO: Terry Foegler FROM: Mary Newcomb -~....~ DATE: September 14, 1994 SUBJECT: Ordinance 83-94 - Coffman Road Landscaping This memo is in response to the issues raised at the September 12, 1994 Council meeting regarding the Coffman Road Bridge Landscaping. 1) The only specific commitment I am aware of that was made to the Willow Grove residents was that Staff would work with them to develop a landscape plan to help mitigate any potential negative impacts of the bridge construction. I believe this commitment grew out of numerous citizen concerns expressed at a previous Council meeting (under citizen comments) and later reaffirmed in meetings amongst several Council members, Willow Grove Association members, the City Manager and myself. I am unaware of any specific dollar amount that may have been committed to the residents. As you will recall, we discussed a budget amount of $20,000-$30,000 as being appropriate for a public improvement of this magnitude (Coffman Road Bridge). 2) A small portion of the proposed landscape plan is actually "screening" for Willow Grove. The majority of the plan fulf1lls other largely public purposes, and these include providing street trees along Coffman Road, installing a landscaped ,..' gateway feature, and providing screening of the bridge abutments from both Post and Coffman Roads. The actual total amount for evergreen screening along Coffman Road is $4,480.00 (18 percent of the total cost). The mixed planting area along Coffman Road which includes the evergreen screening totals approximately $7,325.00 (29 percent of total cost). I believe this mixed planting area provides more than a screening function by serving as a gateway planting for the northwest Dublin area. The remaining cost of the project ($17,840. (0) is for the street trees, the Post Road gateway planting, and screening the bridge. These improvements will benefit the entire community, not just Willow Grove residents. 3) The Coffman Road Bridge construction necessitated the removal of a number of trees along the western side of Coffman Road and the pond in Coffman Park. The proposed landscape plan is an attempt to replace some of the scenic quality that was lost during construction. I I 4) Alternative methods for screening were discussed during the design phase. Extensive efforts were made to coordinate the landscape improvements with the Willow Grove Residents' Association. Willow Grove residents initially preferred a six-foot high mound along Coffman Road. This was not possible due to the floodway of the South Fork of the Indian Run and the location of the sidewalk. If Council desires, alternatives can be developed, but I would request additional direction regarding the allowable budget and the desired objective. I would like to emphasize that this landscape plan is much more than a screening plan for ,j Willow Grove residents. This landscaping is in conjunction with the Coffman Bridge widening and road relocation project. The amount for landscaping is only 1.5 percent of the $1. 7 million Bridge cost. The plan will beautify the Post Road and Coffman Road corridors and the planting will serve as a gateway to the Municipal Building, Coffman Park, and the northwest portion of the City. Finally, this landscape plan helps to reduce the negative impacts of the bridge construction which caused the removal of trees and the Coffman pond. -,