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HomeMy WebLinkAbout03/18/2002 HI'jfr;l-!!l"(j,1-1II" !f'I~,M'ftlNttI'J_t t, 'IlAJ1!lll:t:il\:,t: Iii'; l~l!Ii'iA'IIi' ,ijiiJj'i-J:Mi};jf ~ -Ii I RECORD OF PROCEEDINGS M'~_N_'_Nmm<N'~>>'_~'_~ ~inute~_2imm~~N~~md#~<m____mdmM_mmd21!l:>lin Ci!:L~2~!l9iL~mmd_~~m_'_'mdN~~~~mdm~~'mdm,_~~_~etin~~mdNm>>~md~ DAYTON LEGAL BLANK CO., FORM NO 10148 ReIn March 18, 2002 19 Mayor McCash called the Dublin City Council meeting of March 18,2002 to order at 7:00 p.m. Mr. Reiner led the Pledge of Allegiance. Ii' Roll Call Council members present were: Mayor McCash, Ms. Chinnici-Zuercher, Mr. Kranstuber, Mr. Lecklider, Mr. Reiner, and Ms. Salay. Mrs. Boring was absent (excused). [She arrived at 9 p.m. and joined the executive session in progress.] Staff members present were: Ms. Grigsby, Mr. Ciarochi, Mr. Smith, Mr. McDaniel, Ms. Clarke, Mr. Harding, Mr. Richardson, Ms. Puskarcik, Mr. Stevens, Interim Police Chief Epperson, Mr. Hahn, Mr. Husenitza, Mr. Price, Ms. Hoyle, Ms. Crandall, and Mr. Hammersmith. Approval of Minutes Ms. Chinnici-Zuercher moved approval ofthe March 4, 2002 Council meeting minutes as submitted. Ms. Salay seconded the motion. Vote on the motion - Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes. Correspondence There was no correspondence requiring action from Council. Citizen Comments -- Wallace Maurer, 7451 Dublin Road stated that he has two topics to address: 1. Selection of City Manager. In reviewing the minutes covering the process to date, he noted that at a September 18th meeting with former recruiter, Mr. Slavin, the potential of a qualified internal candidate was addressed. At a later meeting with the current recruiter, Mr. Reaume, that potential was not mentioned. He inquired if the general citizen could have a copy of the profile for the position, and whether it would be a good idea to have it published in the newspaper. His understanding of the selection process is as follows: Council's desire is to recruit a pool of no less than 10 applicants; from that number, five applicants will be selected for interview; an opportunity may be made for the public to meet those five applicants; and finally, Council will select the City Manager. He inquired if this description of the process is accurate. Mayor McCash affirmed that it was, and added that Council has not excluded internal candidates. Ms. Chinnici-Zuercher provided Mr. Maurer with a copy of the profile. 2. New Ethics Law. Mr. Maurer stated that his understanding is that this subject is under discussion by the Committee of the Whole. He inquired if "new" ethics law indicates that an "old" one exists. If so, could he have a copy of both? Mayor McCash responded that the Clerk would forward to him a copy of the current ethics standards, such as campaign contribution limits and disclosure requirements. He stated that a proposal has been made for an additional element regarding ex parte contact to be added to the standards, but nothing has been approved at this point in time. Mr. Maurer requested a copy of what is currently under consideration. Ms. Chinnici-Zuercher provided a copy to him. Staff Comments Mr. Ciarochi: 1. Referred to a memo in Council packets concerning additional staffing positions that were approved in the 2002 budget for the Department of Development - one in the Planning Division and three in the Engineering Division. In the budget review, the justification for those positions was based upon the permit activity in the first three quarters of2001. In the fourth quarter, the City experienced a slow-down in I I ITI i ilP I il.!_;i :tl,~'jH't!IH'.l~i~!',~lt:1UJ,j,1 ~:" nt-aljfii.~JjI:'-t, 1I.:cl'Wf!","htll1:':'~~il;.-A,:!~tI!>lI!' I; . . I RECORD OF PROCEEDINGS ~_"mffmdW'ff_W"md"_md~<md<mMiI}ml!~~~mdw9L,,<m~'mff'mdff~Wmmd_'_m"ffwm'm4"''''~''_<m~''d__,_!2Jlll!i!1 CjJ}:'m~gJ!!ls:i1"'mmdff~"_mm''''mdm_m_md''mdmffd~_J~,~gQ~ff1mm_d'mdmff~,~~ti~Km<m_'___, DAYTON LEGAL BLANK CO., FORM NO. 1014l:J Reld March 18, 2002 19 commercial development. The memo provides an update on the fourth quarter of 2001 and the first quarter of2002. Ms. Grigsby has now recommended recruitment for two of the positions, and deferring action on the other two positions until additional information is provided. Staffrequests Council authorization for those ,.-- two positions, as there is a significant backlog in residential permit review. Ms. Chinnici-Zuercher cautioned that a position should not be added to compensate for poor performance of current staff. She is aware that Ms. Grigsby and Mr. Ciarochi have addressed that aspect, but she would like to emphasize the need for accountability. Mr. Ciarochi stated that the two positions recommended for approval are a development review specialist and a civil engineer in development review. There is no current issue of poor performance in these areas. It was the consensus of Council that staff proceed with recruitment for the two positions as recommended. 2. Referred to a report from Camp, Dresser & McKee (CDM) regarding the stormwater issue at Golf Centre of Dublin. Staff would like to schedule this as an agenda item at the April 8th meeting. CDM will be present for discussion purposes. He noted that a copy of the report has been provided to Attorney Jeff Rich, who represents the property owner. Mr. Kranstuber stated that a report in Council packets indicates the City can spend from $0 to $1 million to address the problems. He recalls an earlier estimate of $130,000. He requested a more thorough analysis to determine a figure that would resolve most of the problem at a more reasonable cost. Perhaps City staff and equipment could be utilized to regrade the property so that it could be developed in the manner desired. There should be a - resolution identifiable that will not cost the City $1 million. He requested that a copy of f this report also be forwarded to the landowner, as he does not believe the landowner i expected the City to spend $1 million in this effort. Mr. Ciarochi stated that a copy of the report was forwarded to Mr. Rich. Staff is prepared to work with the landowner, but due to the sizeable cost estimate, it has been scheduled on the April 8th Council agenda for further Council review. Mr. Rich will be present at that meeting. Mayor McCash stated that Council would also like to know to what extent the landowner would be participating in the solution. The studies indicate that the Sycamore Ridge development met the stormwater design standards, so the Golf Centre's problem is not a result of that development. Ms. Chinnici-Zuercher inquired if the stormwater problem pre-existed the Sycamore Ridge development, but was not discovered until a new owner wanted to develop the property. Mr. Ciarochi stated that the swale existed in 1977, which was prior to the Sycamore Ridge development. He suggested that the consultant present the options and justifications at the next meeting. Regarding the suggestion for City staff and equipment to be used as a cost- effective measure -- that could be done, with the landowner's permission. It would be ~ possible to build a detention basin above the landowner's property, although there could be ! a substantial cost of land acquisition for such a detention basin. He added that due to the , steep decline ofthe property, there is a straight flow to the river. That is the reason the , , contractor suggests "step downs." Ms. Chinnici-Zuercher stated that, nonetheless, the flow has always existed. Mr. Ciarochi affirmed that it has. Ms. Salay inquired if the Golf Centre owner had moved some dirt and filled in some areas in an attempt improve the aesthetics ofthe property. Perhaps that action compounded the problem. Mr. Ciarochi stated that although they filled in some areas, they did not totally fill in the swales. They regraded and reseeded the area, which was then washed out by stormwater. ! I I 'l'III+i"'h!!+I' ..""","1'''''''' iii, }[!M,d: I I I ! 1"1 RECORD OF PROCEEDINGS "'~'__""M~__",~,_,~__~_"MiEu !~lL 0~_m'm"_m=<mmd_'~'$~"'__"_'''_md~~'m~_J2J!!2lin.~_~2gI!g#i!mdm~~__dm"~.mdmdmmdmmdQd~_..l.~"g~~,~~mmm"'.Qdm"M~et!~md~mQ_'~<mdM~' DAYTON LEGAL BLANK CO.. FORM NO. 10148 ReIn March 18, 2002 19 Mr. Kranstuber stated that the City could take the position that since the Sycamore Ridge development did not cause the problem, the problem is not the City's. However, the City has already indicated that it would be willing to do some work to help the current landowner with his situation. Unfortunately, the report Council recently received does not r--" propose "a little work," as was suggested by Council, but a project costing $1 million. In , addition, his comment regarding possible contribution of City staff time was not for the purpose of building a detention basin. Mr. Ciarochi stated that ifit is Council's direction, he could meet with Mr. Rich and his client to develop a compromise. The problem is compounded by the 36" pipe at both the top and the bottom ofthe hill, and a steeply sloped hill. The pipe needs to be "stepped down" to diminish the velocity, but that would increase the price significantly. Mr. Kranstuber asked that staff meet with Mr. Vrabel and Mr. Rich and attempt to devise a reasonable compromise. 3. Referred to a report from Mr. Kindra concerning the March 11 th ODOT meeting which was held to discuss proposed noise wall construction along 1-270 and 1-71. To meet federal regulations, ODOT is required to hold public meetings regarding construction of these walls. The meeting with affected property owners will tentatively be held later in April. Staff suggests that Council delay action on the ODOT proposal until they hear the opinions of the affected citizens. Mayor McCash stated that the only Dublin residential area affected would be Willow Grove. He suggested that staff contact the residents of Willow Grove to gauge what level of concern the residents have. If they voice interest in a sound wall, the City could discuss other options to address the need. -- Mr. Ciarochi responded that staff would attend the ODOT meetings, monitor the I' neighborhood process, and provide a report to Council. Mayor McCash asked that staff obtain copies of ODOT' s criteria and warrants to understand their justification for the sound walls. Ms. Chinnici-Zuercher inquired if this proposal is in response to complaints which have been received. Mr. Ciarochi responded that ODOT studied all residential areas within the proximity ofI- 270 for assessment ofthe need. Mr. Kranstuber stated that the proposal reads that ODOT "is required to go to the affected public to make offer of a noise wall where needed." He would interpret that to mean that if the public does not want the wall, it is not mandated. Mr. Ciarochi stated that staff shares this perspective. Staffwill follow up and report back to Council. Mayor McCash expressed his desire that the City have a choice in the matter. 4. Noted that a petition has been received from Tonti Drive residents requesting that signage be posted to restrict parking on both sides of the street between the hours of 8 a.m. and 4:00 p.m. on school days. ~ Ms. Chinnici-Zuercher inquired ifnew schools are required to meet different standards for parking than that required for commercial development. As a parking problem exists at both Dublin high schools, it would be desirable to avert a similar problem at the third high school. Even if all the parking were not installed initially, perhaps greenspace could be set aside for later parking expansion. Currently, the school does not issue parking permits to sophomores. However, this does not preclude sophomores from driving to school; they simply park elsewhere. She would urge that the City discuss this issue with the Dublin School Board, and attempt to resolve the matter more satisfactorily. Mayor McCash noted that Tom Fries, Dublin School Board member, who serves as Council liaison, has indicated a desire to meet with him to discuss some issues, and he will I ',"i;"~"i' 'H'! r mllll I," 'l:,'_e:;",er-',',:t ',G:,"""",~"", ,,,:m( 'j, "',:""'N'''!''',il--lIF:V:JI '::I'JiI'<,,"F!f~nUH"1~'''P,lf3~ 'Ii-I'" ,I RECORD OF PROCEEDINGS w_dmmNWNdQmdN,mmdmQmdN~Nm__~}'1inu t~~~,2Lm_'Nwm'N~m___mwdN__~_m'mmw_=md!2J!J:>lit:LGi!YdNGQJ!1l9iL,wm'dQ~_mmd_mw'_N_mmdm~'m___PllK~ 4_mdmdN~~Jin~_mww~_w~mw DAYrON LEGAL BLANK CO., FORM NO. 10148 ReIn March 18,2002 19 bring up this matter. He agrees that a more satisfactory answer to student parking is needed. Council had no objection to accommodation ofthe Tonti Drive residents' request. ,--. 5. Referred to an update provided on the Franklin County and Delaware County growth management report. MORPC has begun the study. Mr. Kindra attended the first meeting and will continue to provide reports as the study progresses. Mr. Lecklider inquired if it would be possible to include Union County in this study. Is there a reason that Union County was excluded? Mr. Ciarochi responded that it has been excluded because the primary focus ofthe study is on the 1-270 corridor. Ms. Grigsby added that the majority of the development that has created the traffic congestion problem is to the north, in Delaware County. Also, Delaware County has had some involvement with MORPC; to date, Union County has not. She noted that MORPC has been involved with the MIS study that relates to 1-270 on the western side and the area north on U.S. 33, and therefore a report could be expected on that area, also. Mr. Ciarochi stated that staff would suggest to MORPC that Union County be considered for inclusion in the study. Mr. Smith: 1. Stated that he has concluded all ofthe interviews with Council members regarding the Unified Development Code review process, and he will provide a summary to Council before their next meeting. - 2. New legislation will be introduced at the next meeting to place all newly annexed land in a holding zone for rezoning purposes. Ms. Puskarcik stated that: 1. Staff met with representatives of the Kiwanis Group and the Historic Dublin Association. Based on that meeting, Kiwanis has decided to move the Frog Jump from Historic Dublin to Coffman Park. The memo outlines the details regarding this decision. 2. Also included in Council's packet is a copy of the revised design of the Kiwanis Frog. Staffs memo indicated that it remains their intent to place the artwork in Historic Dublin, next to the DCVB; however, more recently, Kiwanis has been considering placement in Coffman Park. Mayor McCash stated that Council approved the prior location, so would it be necessary for Council to approve a location in Coffman Park? Ms. Grigsby stated that it would be brought before Council in the near future. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 21-02 - An Ordinance Acceptingthe Annexation of 99+/- Acres from Jerome Township, Union Countyto the City of Dublin. Ms. Grigsby stated that there was no additional information. Staff recommends adoption tonight. - Vote on the Ordinance: Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici- Zuercher, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes. Ordinance 22-02 - An Ordinance Accepting the Lowest/Best Bid for the Amberleigh Boardwalk River Access Project, and Declaring an Emergency. Ms. Grigsby stated that there was no additional information. Staff recommends adoption by emergency. Ms. Chinnici-Zuercher moved for adoption by emergency. Mr. Lecklider seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes. , 1 Ii HI !itH,I:!! fill; . !!,ihlli;"U,[ ! Ii " , 'I j :1--,"1 RECORD OF PROCEEDINGS W'mffQ~m'_m~__m'_md'_md~m,_ ~!EU tE;~md,~i~#__~md,~pmmdm~'m_md_Pmdmdmm~~m#-I?J!!? lin citYpp~,QYl1cil_~"'~'__~_md~~J:~E,,~m'~d_~___Q_~~E;til}mdgm__mdP~~P DAYTON LEGAL BLANK CO., FORM NO 10141:3 Heln March 18,2002 19 Vote on the Ordinance - Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes. Ordinance 25-02 - An Ordinance Approving a Tax Credit and Economic - Development Agreement with Spirea, LLC and Authorizing, Confirming and I Ratifying the Execution of the Agreement. Ms. Grigsby stated that this is the same economic development tool that the City has used in the past. The State awarded Spirea the tax credit, which is contingent upon the City's support of the tax credit. Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes; Mr. Lecklider, yes. Ordinance 30-02 - An Ordinance Waiving the Bidding Requirements for the Purchase of 911 Equipment, and Appropriating Funds Therefor. Ms. Salay stated that the newspapers reported that mandated ten-digit dialing has been postponed for at least four years. Are there other reasons that this equipment is needed at this time? Interim Chief Epperson stated that although PUCO does not require the City to accommodate ten-digit wireline phone dialing at this time, it will be necessary to accommodate ten-digit cellular and 20-digit cellular dialing for roamers, who dial 911 when they are outside their approved service area. V ote on the Ordinance - Mr. Lecklider, yes; Ms. Salay, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes. Ordinance 31-02 - An Ordinance Authorizing the City Manager to Enter into - a Cable T.V. Franchise Agreement with Adelphia Communications. t Ms. Grigsby stated that there is no additional information. Staff requests adoption tonight. Vote on the Ordinance - Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Ms. Salay, yes; Mr. Lecklider, yes. Ordinance 32-02 - An Ordinance Accepting the Lowest/Best Bid for the Right-of- Way Maintenance-North Project in the City of Dublin, and Declaring an Emergency. Ms. Grigsby stated that at the last Council meeting, a memo was provided that indicated a reduced need for appropriations. Legislation will be brought to Council at a later date to amend the appropriations. Ms. Salay moved for adoption by emergency. Mr. Reiner seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Ordinance 33-02 - An Ordinance Accepting the Lowest/Best Bid for the Right-of- Way Maintenance-South Project in the City of Dublin, and Declaring an Emergency. Ms. Salay moved for adoption by emergency. Mr. Reiner seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; - Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes. Ordinance 34-02 - An Ordinance Accepting the Lowest/Best Bid for the Right-of- Way Plant Installation Project in the City of Dublin, and Declaring an Emergency. Ms. Salay moved for adoption by emergency. Ms. Chinnici-Zuercher seconded the motion. V ote on the motion - Ms. Salay, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance - Mr. Reiner, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes; Ms. Salay, yes. I I II : lii'm,",,,,,,,,,,!! -I I !, IIr'IlI'!: 'Jl TII '''I~t:Wt ~:'te"iljjlLi'}'~,if;< Iii: ....1 RECORD OF PROCEEDINGS Minutes of D bI' C' C '1 M . "-~-"~md""_Mmd~~~mdm~~"md___~~~~__md~m~~~md"m_mm_m~#"~_~_m_m"'m U wmmJJ1,mpmdJ!X.''''md~ oU"!1ft'M~m~~W~___"~wm__w'~<~'md~wJ;~,~~L~L_~_mmd~~et!,~"~'~"'M~Q~m I DAYTON LEGAL BLANK co.. FORM NO 10148 HelcI March 18, 2002 19 INTRODUCTION & FIRST READING - ORDINANCES Ordinance 36-02 - An Ordinance Accepting the Annexation of 5.9+/- Acres from - Washington Township, Franklin County to the City of Dublin. Ms. Salay introduced the ordinance. Ms. Grigsby stated that this is a proposed annexation of 5.9 acres north of Brand .~ Road. Franklin County Commissioners approved the annexation on December 5, 2001. Mayor McCash inquired ifthis will now be placed in a "holding zone." Mr. Smith responded that it depends upon the timing of approval of a holding zone ordinance. He does not believe that the petitioners would object to such an action. Mr. Reiner inquired if there is any information on the type of development proposed for this site. Ms. Clarke responded that there have been discussions with developers regarding housing development in the area, but it was never clarified how many parcels would be proposed for annexation. This area is only one of the areas discussed. There are several areas along the north side of Brand Road that remain outside the City limits. Mayor McCash inquired ifthe property in Dublin to the east of this site is developed. Ms. Clarke responded that there are a couple of single-family homes nearby, but she is not certain ifthey are immediately east of this site. A short distance away lies the Wellington subdivision. Ms. Chinnici-Zuercher inquired about the land use specified in the Community Plan. Ms. Clarke responded that it indicates a land use classification closest to the land around it, which would be Residential - two to five units per acre. There will be a second reading/public hearing at the April 8th Council meeting. .-- Mayor McCash stated that the next five ordinances authorize bikepath easement /'" appropriations along Dublin Road. He introduced Ordinances 37-02 through 41-02, moved to waive the Rules of Order regarding "reading by title only" and asked the Clerk to read the names of the property owners into the record. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes. Ordinance 37-02 - An Ordinance to Appropriate a 0.013 Acre, More or Less, Bikepath Easement, from Scott B. Franklin and Marie E. Franklin, Located West of Dublin Road and North of Indian Run Drive, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 38-02 - An Ordinance to Appropriate a 0.089 Acre, More or Less, Bikepath Easement and a 0.071 Acre, More or Less, Temporary Construction Easement, From Gary E. Gray and Dale Ann Gray, Located West of Dublin Road and North of Indian Run Drive, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 39-02 - An Ordinance to Appropriate a 0.101 Acre, More or Less, Bikepath Easement and a 0.076 Acre, More or Less, Temporary Construction ....-. Easement, From Nancy J. Lambert, Located West of Dublin Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 40-02 - An Ordinance to Appropriate a 0.023 Acre, More or Less, Bikepath Easement and a 0.018 Acre, More or Less, Temporary Construction Easement, From Charles J. Simon and Marion F. Simon, Located West of Dublin Road and North of Indian Run Drive, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ordinance 41-02 - An Ordinance to Appropriate a 0.052 Acre, More or Less, Bikepath Easement and a 0.0052 Acre, More or Less, Temporary Construction i I I ili "~on;'''!: ",,,,,,,.,,111, !Hlllili, 11 I . 1 ,--,,,, c.' 'W'. "J""'''' ..".".' -" -'.1 ":;W'XI'.':If" f!.c,qt:'l:t ~''- .JIB'llIJf!:.'j: 'lI".r! W'. J ,,*'1'+' I~');'U.EA -i:"ti.tf~f..J:- .-1':. . ..1 RECORD OF PROCEEDINGS '''m~ffmmm~ff'ffmd~~md,~''mmdffmd_J.1il!utes~~L_~_~~_"m~~'_md~I>JJ1>lUL{;itx_~Q!lY..9iL'ff~_'__'__'~~md'~md~ff-E~E~_Imd~'_~~ffetiEK,,~,,'~mm"'mm." , DAYTON LEGAL BLANK CO., FORM NO 1014e RelcI March IS, 2002 19 Easement, From Jonathan P. Smith, Located West of Dublin Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ms. Grigsby stated that these ordinances relate to acquisitions of easements that are necessary for the construction of the Dublin Road bikepath from the library to - Emerald Parkway. Ms. Chinnici-Zuercher inquired if the amount designated in the budget for the bikepath program includes the cost of these acquisitions, or are these in addition to the budgeted amount. Ms. Grigsby stated that the budget amount is an estimate. In this case, the design was completed, so the estimate was close to the actual amount. The amount budgeted actually exceeds the actual cost. Ms. Grigsby stated that several weeks ago, staff filed an application for grant monies through the Clean Ohio Fund. Notice of award has not yet been received. Ifthe City were to receive grant funds, that money would be used for this project. Mayor McCash moved to treat this as emergency legislation and dispense with the public hearing. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes. Vote on Ordinances 37-02 through 41-02 - Ms. Chinnici -Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes. Ordinance 42-02 - An Ordinance to Accept the Lowest/Best Bid for the Waterford Drive Sidewalk Improvements Project for the City of Dublin. - Ms. Salay introduced the ordinance. Ms. Grigsby stated that this project was delayed from last fall. At that time, there was considerable public input. The project has been bid and staff recommends award to the low bidder, Decker Construction Company. Staffwill request adoption by emergency at the April Sth Council meeting in order to begin the project. Mayor McCash inquired if all the property owners have been notified. Ms. Grigsby confirmed that they have been notified. There will be a second reading/public hearing at the April Sth Council meeting. Ordinance 43-02 - An Ordinance Accepting the Lowest/Best Bid for the Justice Center Air Cooled Chiller Project in the City of Dublin. Ms. Salay introduced the ordinance. Ms. Grigsby stated that this legislation relates to the HV AC system at the Justice Center, specifically the air-conditioning component. Mr. Lecklider inquired about the age of the existing system. Mr. Hahn responded that it is 10-11 yeats old. Mr. Lecklider inquired if the system has 'failed earlier than would have been anticipated. Mr. Hahn stated that is correct. He did not participate in the Justice Center building design; however, he believes some cost saving measures were incorporated which affected the quality. This system is already obsolete and not of the highest quality. ~. Mr. Lecklider inquired about the expected life expectancy of such a system. Mr. Hahn responded that 15 years would be a good life for such a unit. Mayor McCash inquired ifthe model to be installed is of a higher quality. Mr. Hahn responded that it is of significantly higher quality. There will be a second reading/public hearing at the April Sth Council meeting. Ordinance 44-02 - An Ordinance Authorizing the City Manager to Execute and Grant an Additional Easement Agreement with AEP for the Development of the Ballantrae Golf Course in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Ms. Salay introduced the ordinance. I I '1Ii!,EJHI.!Lli IIWIJIE,IJ""" . I' ' "i! RECORD OF PROCEEDINGS ,,,mmdm#,,~__~~m'M,m_~,~mmdmmd<m,~Mll}~~e~~imd~_'mdmm_~mdmdmd___mdmd~'mdm__!2Yl>lin C:j!YJ;~Qgnw~iLMmmdmm_~~'mdmd~mmd""m#Mm#mm<~~w~"~'~mdm~m#~~~~2~,~#'''~m_''#~'~" DAYTON LEGAL BLANK CO FORM NO. 10148 Reln March 18, 2002 19 Mr. Smith stated that is necessary to grant this easement to AEP to bring the service to the course. Mr., Kranstuber moved to treat this as emergency legislation and dispense with the public hearing. r Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Mr. Lecklider, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes. Vote on the Ordinance - Mr. Reiner, yes; Mayor McCash, yes; Ms. Chinnici- Zuercher, yes; Mr. Lecklider, yes; Mr. Kranstuber, yes; Ms. Salay, yes. Ordinance 45-02 -An Ordinance Authorizing the City Manager to Sign a Petition to Annex 2.697 Acres, More or Less, Located on Shier-Rings Road in Front of the New Service Complex, and Declaring an Emergency. Mayor McCash introduced the ordinance. Ms. Grigsby stated that this is the area in which the turn lanes in front of the Service Complex will be located. The roadway is currently in Franklin County; therefore, Dublin's standards for speed and length of turn lanes do not apply to that area. Staff requests that this area be annexed to the City, so that Dublin's guidelines of lower speed and shorter turn lanes would be applicable. Mayor McCash inquired if turn lanes are necessary at that location. Ms. Grigsby stated that this was part of the Planning Commission's discussion. The turn lanes are necessary to accommodate the volume of City service vehicles and school buses moving in that area. Ms. Chinnici-Zuercher inquired why the City has been unsuccessful in reaching the Rings family. ,...--, Mr. Smith stated that staff has attempted to call the family, and correspondence has been sent to their address, but no response has been received. Mr. McDaniel stated that the grandson oversees that property. His employment takes him out of town. For six months, staff has attempted to reach him and other members of the family but with no success. Mr. Kranstuber moved to treat the legislation as an emergency and dispense with the public hearing. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Ms. Salay, yes; Mr. Reiner, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes; Mr. Lecklider, yes. Vote on the Ordinance - Mr. Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes, Mayor McCash, yes. Ordinance 46-02 - An Ordinance Authorizing the Exchange of Land with the Board of Education of the Dublin City School District for the Preservation of the Indian Run Scenic Cliffs and Other Unique Natural Features. Mr. Kranstuber introduced the ordinance. Ms. Grigsby stated that this legislation is a result of six to nine months of discussion with representatives from the Dublin School District to work out joint land issues. The school board adopted similar legislation at their February 25th meeting. There will be a second reading/public hearing at the April 8th Council meeting. ~ INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 15-02 - A Resolution Appointing Members to the Planning & Zoning Commission and the Board of Zoning Appeals for the City of Dublin. Mayor McCash moved to table this legislation to the April 8th Council meeting. Mr. Kranstuber seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Lecklider, yes. OTHER Preliminary Plat - Llewellyn Farms South (Case No. 01-118PP) Ms. Clarke stated that this is a plat for a single-family subdivision of38 lots with 1 I I, II I iii, ,lj"'iili,"~"tI I I I'i ' , ' ;" "_"." ."'."':'.''''' "',,.",-'n,m, 'T' .....,'..n}.lII1n' 'f.rj! :.T.'II ,': :.....,'~,~:..,.':-I~"..'~~"f :'! .'ll'1tt"; Ii 'I RECORD OF PROCEEDINGS '"~_""~"MdmmdmQmm~mmd"md#~"mdmmdMMiIlt: t~2QmM~Lm_~'md'_#~"dmmd_"~"~m~#d_"<<~"M"mdm~dmMm~~J2E121in _Ci !YJ:~m2.11!!giL"d~_.."~~mm_md~m"'mmdmmdm~l.2E,~,,2<<"m_m_<~~"!!~g~".."~"m_"_'m<<' DA'rTON LEGAL BLANK CO.. FORM NO 10148 HelcI March 18, 2002 19 5-1/2 acres of open space. It is located on 25 acres at the southwest comer of Dublin Road and Tuttle Road and is zoned PLR, Planned Low-Density Residential District. Under the PLR zoning, there is a separate preliminary plat. The case was heard by the Planning Commission on February 6th, and the Commission I recommended approval of this plat with the conditions contained in the Record of I Action, dated February 7,2002. At the time of the rezoning, City Council waived the requirement for left-turn lanes into the subdivision. The memo in the packet explains the maintenance agreement for the open space that is being dedicated. Mayor McCash inquired if the amount of property the homeowners association is responsible to maintain is based upon the number oflots in the subdivision. Ms. Clarke responded affirmatively. Mr. Lecklider referred to the history attached to the document. In the architectural diversity matrix, Lot 33 has been crossed out. Is that lot being removed for some reason? Mr. Ciarochi stated that this lot was eliminated in an effort to reduce density, thereby allowing the applicant to eliminate the left-hand turn lane on Dublin Road. Mr. Lecklider stated that some of documents label this lot as "Lot 33," and others label it as "Lot 7." Charles DriscolL Edwards Land Company, clarified that Lot 7 was part of the old numbering system, which was in effect at the time ofthe rezoning. That number was dropped at the Planning Commission hearing. Lot 33 (now eliminated), using the new numbering system, was next to Lot 7. There are a total of38 lots in the subdivision. The cul-de-sac was adjusted to the south slightly, and the lots widened minimally. He added that the drawings for the preliminary plat are correct, and - they have submitted a new architectural diversity matrix. Ms. Salay clarified that this lot was nottraded in exchange for elimination ofthe turn lane. The turn lane was deleted because it was considered unnecessary given the low number of lots and the speed of traffic on Dublin Road. Ms. Salay moved to approve the preliminary plat for Llewellyn Farms South. Mr. Lecklider seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Council Round Table/Committee Reports Mr. Lecklider: 1. Stated that he was impressed with the St. Patrick's Day Parade and activities. The event involved much effort on the part of Community Relations, Police and Service departments and volunteers. 2. Congratulated Anne Clarke, Council Clerk, for her selection as a finalist for the OMCA Clerk of the Year award. 3. Inquired if "no parking" signs would be erected in the Belevedere subdivision, per Planning Commission's direction. Mr. Hammersmith responded that he and Mr. Kindra have evaluated this area, along with other areas of concern, such as Kendall Ridge and Shannon Glen. Those signs will be installed soon and will be on one side ofthe street only. Mr. Lecklider stated that the Planning Commission approved the narrow street with ,..,....., the understanding that on-street parking would be restricted. Recently, he heard a report that an EMS vehicle had difficulty traveling through that area. He would like to ensure that this requirement is enforced. 4. Stated that a meeting of the Public Services Committee will be scheduled sometime in April to discuss the issue of grandfathering of water/sewer tap-in, as previously referred to the Committee. Ms. Salay: 1. Echoed Mr. Lecklider's positive comments regarding the St. Patrick's Day celebration. 2. Noted that the Community Services Advisory Commission is reviewing two projects that would be of significant public interest: the noise ordinance and i I .11 inl"l;IJI,.!1 :lrl,'llrIlHff'\:Il'. 1 i I RECORD OF PROCEEDINGS '__m"mmdM"~<_'m__~'mmm~M~l! t~_,. of~mmdm~"~<m"m"~"_dm"d__<_md"mdm~mdm"ummdm~I2l!J21iuJ;jQ!Yu,~Q!!U9iL_"'_~'md~~"_"""md_d"mmd~~~~~Ee ,.LQ"",,mmd,,~~etl!~JLm"M.."mdmQ.mMW' DAYTON LEGAL BLANK CO., FORM NO 10148 Reln March 18,2002 19 the traffic calming policy. She asked that those be well publicized by the City. Perhaps the reporters present could also make note of that. Mayor McCash inquired if meetings of public interest, such as the CSAC meeting, are included on the City's website listing. - Ms. Puskarcik stated that they are listed on the web site, as well as on the government I cable listing. She noted that her divisionis using the Parks and Recreation Advisory Commission (PRAC) as a model to evaluate promotion possibilities for all the board and commission meetings. Mr. McDaniel stated that the agendas are being well advertised, per the requirement in the City charter. 3. Congratulated Ms. Clarke on her "Clerk of the Year" nomination. Mr. Kranstuber: 1. Thanked the Assistant Clerk of Council for her assistance in rescheduling the board and commission candidate interviews. 2. Stated that the upcoming BZA agenda has an application regarding the former Crescendo site. Will another restaurant be located on the site? Ms. Clarke stated that the request is for a parking variance. The proposal would shift the parking area to the north, leaving the site vacant where the current parking is located on the south side of the parcel. Staff is unaware of the proposed use for the site. Noted that LaScala's has requested approval of a 498 square foot patio. He inquired about staff s recommendation. Ms. Clarke stated that the recommendation would be favorable. 3. Stated that news articles related to the new golf course refer to it as "The Golf Club in Dublin." They make no reference in ads that it is a municipal golf ...- course. In a recent Columbus Dispatch feature on the Parade of Homes, the City is mentioned in the text ofthe article; however, none of the ads regarding the event mention the City. As he has stated before, he is uncomfortable that there have been substantial expenditures of public funds, yet there is no recognition that it is a municipal golf course. This is similar to the Chiller facility - how many residents realize the City's financial interest in that venture? Ms. Grigsby responded that the golf course would not be referred to as a municipal golf course. It will be referred to instead as a public fee golf course, primarily because the Tartan Golf Company developed it and will be operating the course. Perhaps there are other ways, however, that the City's interest can be recognized. Mayor McCash agreed that such significant City investment should be recognized. Ms. Chinnici-Zuercher stated that Radio Station 610 recently interviewed an area golf course promoter, and Dublin's golf course was featured that particular day. When he was asked who owns the golf course, he responded "Tartan Golf Company" - he did not mention the City of Dublin in any manner. The public is being misinformed. She suggested that the City discuss the issue with Tartan Golf Company. She added that the City should also review the promotional materials. Mr. Smith stated that he meets regularly with the Tartan Golf group. This will be brought up at their next meeting. Mr. Kranstuber stated that the Parade of Homes fact sheet mentions that the site was a ~ private-public partnership, but nowhere else mentions the City's involvement. He I stated that he has been uncomfortable building such an elite golf course with greens fees of$60-80, when there has been that extent of public money invested in the project. Mr. Reiner suggested that a sentence indicating that there is a discount for all City of Dublin residents should be included in all of the releases. That would help to clarify the issue. Ms. Chinnici-Zuercher: 1. Stated that the annual MORPC luncheon meeting will be held Thursday, April 18, 2002. The presentation will focus on the economic growth of the region and the public-private partnership. : I ! II! . Hi. !hlliii'I,! I I " m. .""" , .,O-:O'....,'..."''''~..,,,.,. '>."'1f.'" ~ I RECORD OF PROCEEDINGS ~m~'md~"~#m_md__~dmQd,__~t~~,L~_~mm_~~md~~~md~_~-.w,,~,~_12Y121i!L~i!y~~g!!!!fLL_~~,~_~m#_~_~~m_mmmd~~Z~#LL~~md~~~!!~,g~mdm~md##~,_# DAYTON LEGAL BLANK CO., FORM NO 1014~ ReIn March 18, 2002 19 2. She has learned from City Manager Virginia Barney that Upper Arlington has applied for federal emergency resources that will be made available for homeland security. .......- Ms. Grigsby stated that the City is currently investigating this source of funding as I a means to increase security at City events. I 3. Noted that at a recent MORPC meeting, Rich Sensenbrenner mentioned a I seven county, joint effort to review issues of collective interest. The City of Columbus has set aside $500,000 for regional planning in this effort. Last year, Dublin signed a pledge toward this effort, but was not asked to make a financial contribution. 4. Noted that the Tax Incentive Review Council and Housing Council held meetings recently; all items were determined to be in order. 5. Noted that Naperville, Illinois recently approved legislation regarding handicap accessibility standards for residential homes. She asked Mr. Ciarochi to review these for possible incorporation into Dublin's standards. Mr. Ciarochi stated that he has passed on a copy ofthose regulations to Mr. Price, Building Standards Division for review. Ms. Chinnici-Zuercher encouraged staffto consider these types of issues during their current review of a proposed residential appearance code. 6. Referred to the state of disrepair of the former Crescendo Restaurant. When such a structure is abandoned, the screening falls apart quickly. This is a highly visible area. Are options available to the City to maintain the view? Staff will review this and report back to Council. 7. Referred to a letter sent by staff to Leo Blumenauer regarding the Muirfield Square development issues. She inquired about the status of the project. - Ms. Clarke stated that the Muirfield Square is zoned PUD. An application has been received to revise the preliminary development plan. Chris Cline, who represents the applicant, has indicated that he will be submitting a revised final development plan rather than a preliminary development plan. Mr. Cline is currently out of town, therefore, the application is on hold, awaiting the revision. She added that the City has retained outside counsel for this case. Mr. Smith stated that he has a conflict of interest with this case. Ms. Clarke stated that she did not receive a copy of the correspondence sent to Mr. Blumenauer. Mr. Ciarochi explained that it consists of a March ih memo from Mr. Gunderman to Mr. Ciarochi. He had asked Mr. Gunderman to respond to questions sent by Mr. Blumenauer to Warren Fishman and copied to Ms. Grigsby. Mr. Kranstuber stated that one issue raised was why the City did not have records of the original PUD. The response provided to Mr. Blumenauer was that the City did not realize at that time that the records should be retained. Someone -- the original landowner, the Muirfield Association, then Board member Ron Geese, or the City -- should have a copy ofthe original plat and text. Mr. Reiner stated that he heard that a copy of the PUD has been found -- that Chris Cline has obtained it from Harrison Smith. The Muirfield Association is waiting ~ for that to be confirmed. Ms. Clarke stated that she does not believe it will contain anything similar to a site plan. Several years ago, she viewed a bubble diagram for the Muirfield area, which dated from the early 70's. It included 8,000 dwelling units, three golf courses, bikepath links, cuts and medians, and access roads, but there was nothing that indicated what the buildings would look like. The City is unable to find the original rezoning documents approved in 1973, to learn what commitments were made in regard to this site. The zoning has never changed on this particular ten-acre site, so whatever it was zoned in 1973, it is still zoned now. i . I I 11+", 1111.i/I' &<1,1 I . i ' " =- RECORD OF PROCEEDINGS 'Qo_"mm~m"_~mmd~#m_"mdmdmm~mM.i!!!!~~~m~L'~"'~md<'_~m"md"md"~'"m'~m~'~_~<m'm,~_J;;?lIQli!L~it.xJ:;~Ql!DQLmd'md_~Q"_'~~Md~_~_,2m~g~~I~"Mmmd~~~,et!Ed~mmd'_"~~"M DAYTON LEGAL BLANK CO., FORM NO 10148 Reln March 18,2002 19 Mr. Kranstuber stated that his impression from the correspondence was that the documents existed, but could no longer be found. Ms. Clarke responded that a bubble diagram did exist. Mayor McCash inquired if the proposal is for something that is not permitted under ,........., the current zoning. I t Ms. Clarke clarified that this site and an additional 20 acres, for a total of 30 acres on this corner, was zoned commercial. At one time, there were 200 acres of commercially zoned property in Muirfield. That, of course, is not how it was developed. Sections ofthat land were gradually developed into what was perceived as the preferred use of single family and condominiums. However, initially there was a commercial site on this particular comer. The remaining ten acres were subsequently developed by Setterlin in the 1980's. That raises the question of the exact definition for commercial. She recalls seeing a list from the 1970's of neighborhood commercial uses. When she was first employed by the City, she compiled all the records she could locate that referenced Muirfield in any way. That was done in 1985-1987. However, she has never found any records that could be defined as the Muirfield PUD text and plan. She also compiled all the records she could locate regarding a PUD for Waterford and Metro Center. Again, there was no typical PUD text or plan. Technical information on the PUD's from the early 1970's does not exist. However, there appears to be complete agreement that this site, now called Muirfield Square, was zoned then, and still is zoned commercial. Mr. Kranstuber responded that he assumes that whatever information exists will be forwarded to the Planning Commission before their next meeting. --., Mr. Reiner: i 1. Expressed his congratulations to Ms. Clarke on her professional recognition. I 2. Noted that one of his employees informed him that Ron Geese's father recently passed away. Does the City have any information about this? Mr. Smith stated his parents resided in Florida, but his father father will be buried in Dublin this week. Information regarding the service was published in today's paper. Mr. Kranstuber requested that the Clerk fax a copy of the article to Council naenaberstonaorrow. Mayor McCash: 1. Also expressed his congratulations to Ms. Clarke for being selected as a finalist for the OMCA award. 2. Reminded Council of the southwest area pool charrette which will be held March 20th at the Recreation Center. 3. Stated that the building next to Waterbeds and Stuff on Sawmill Road is unsightly. Ms. Grigsby responded that staff periodically checks to ensure that the building is structurally sound. As long as it is considered sound, the City is unable to take action. Ifpublic health issues are indicated, the Board of Health can take action. The City will check the site again. 4. Stated that Council has received a list of residents who have indicated an J-'O interest in serving on the Coffman Park Expansion Task Force. I Council consensus was to discuss this in executive session. A recommendation for those appointments will be provided for the April 8th Council meeting. Mayor McCash moved to adjourn to executive session for discussion of personnel matters, including the F.O.P. contract and the Clerk of Council compensation review, and a land acquisition matter. At the conclusion of the executive session, Council will reconvene, and action may be taken regarding the F.O.P. contract. Ms. Chinnici-Zuercher seconded the motion. V ote on the motion - Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Kranstuber, yes. The meeting was adjourned to executive session at 8:40 p.m. , I r II j'iH,:ijld,'lhill" I I i RECORD OF PROCEEDINGS ~'Qdmm'''''m_m'md<mNNd~'~_md''d~Nm_J~g!!l!t~mdo,L__~_mm__m_'_~m'm_Q~_md_Ndm'_mMWmdQ!lgli!Lri!YQdrQJ!!1~iL~Nmd#~,__"~mmd~'mm"_"<Nmmdl~~J)~'~m"Y~~!!m~~_~m_~_'mN DAYTON LEGAL BLANK CO., FORM NO. 10148 ReIn March 18, 2002 19 Mr. Kranstuber moved to reconvene the meeting at 9:00 p.m. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion - Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. ~ Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mayor McCash, yes. ; f i Mr. Kranstuber moved approval ofthe Factfinding Report for the F.O. P. Lodge No.9 contract. Ms. Chinnici-Zuercher seconded the motion. V ote on the motion - Mr. Lecklider, yes; Mayor McCash, yes; Ms. Chinnici- Zuercher, yes; Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Salay, yes. At this point, Mrs. Boring arrived. Ms. Salay moved to adjourn to executive session for continued discussion of personnel matters. Ms. Chinnici-Zuercher seconded the motion. Mayor McCash noted that Council will take no further action following the executive session. Vote on the motion - Ms. Salay, yes; Mr. Lecklider, yes; Mayor McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Kranstuber, yes. The meeting was adjourned to executive session at 9:05 p.m. The meeting was reconvened at 9:30 p.m. and formally adjourned. ,.-.." ! ! ~(L~ Clerk of Council ~