Loading...
HomeMy WebLinkAbout08-14-17 Council MinutesRECORD OF PROCEEDINGS Minutes of BARRETT RROT"ERS - DAYTON, OMO Held- CALL TO ORDER Dublin City Council Meeting Form 6101 August 14, 2017 Mayor Peterson called the Monday, August 14, 2017 Regular Meeting of Dublin City Council to order at 6:30 p.m. in Council Chambers at Dublin City Hall. ROLL CALL Present were Mayor Peterson, Vice Mayor Reiner, Ms. Alutto, Ms. Amorose Groomes, Mr. Keenan, Mr. Lecklider and Ms. Salay. Staff members present were Mr. McDaniel, Ms. Crandall, Ms. Readler, Ms. Mumma, Ms. O'Callaghan, Mr. Earman, Chief von Eckartsberg, Mr. Rogers, Ms. Gilger, Mr. Hammersmith, Mr. Gaines, Ms. Husak, Mr. Stang, Mr. O'Brien, Ms. Burness, Ms. Richison and Mr. Plouck. ADJOURNMENT TO EXECUTIVE SESSION Mayor Peterson moved to adjourn to executive session for the purpose of discussing land acquisition matters and personnel matters related to the compensation of a public employee. Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Vice Mayor Reiner, yes; Mayor Peterson, yes; Mr. Keenan, yes; Ms. Alutto, yes; Ms. Salay, yes; Ms. Amorose Groomes, yes. 'The meeting was reconvened at 7:05 p.m. PLEDGE OF ALLEGIANCE Mr. Keenan led the Pledge of Allegiance. SPECIAL PRESENTATIONS/ PROCLAMATIONS • Announcements from Dublin Convention and Visitors Bureau — Scott Dring, Executive Director Mr. Dring stated that he is accompanied by Josh Bricker of the Bureau. He announced that USA Archery has selected Dublin, Ohio as the host of its 134th Annual U.S. Open in 2018 at Darree Fields. This event will include over 100 targets and will fill a good portion of Darree Fields. It will attract 600 archers from across the U.S. and some parts of the world as well. They will be in Dublin for six to seven days in total, with a tremendous impact on the local economy. Present tonight is Chris Worthen, who was part of the groups that hosted the Buckeye Classic held in Dublin last year. This event will be held again in Dublin in 2018. The Bureau could not have attracted the archery U.S. Open without his efforts. He thanked Council for their support as well, particularly for the Darree Fields availability. Dublin staff has collaborated closely with the Bureau to make this come about in 2018. He reported that the World's Largest Tandem Bike Rally was secured several years ago for Dublin, and it will take place in Dublin on September 1 through 4. There will be 350 tandem teams on Labor Day weekend who will participate, and the participants will stay at the Marriott Northwest. He described the various activities that the group has planned that will have tremendous economic impact on Dublin. He introduced Pam Kulhanek, Beavercreek, Ohio who will chair the rally this year and her husband, Chuck Kulhanek. She encouraged everyone who is not familiar with tandem bike rallies to stop at the hotel on Saturday or Sunday morning at 0 a.m. when the bikes take off. It is a SAG (support and gear) supported ride, so the riders can choose short, medium or long routes. Lunch is planned and is part of the registration. Vendors will also be in the hotels displaying tandem bike related equipment. The routes will take the riders out to Plain City and back. Mr. Bricker then distributed personalized tandem rally bike helmets and bicycle license plates to Council members and staff. Mr. Keenan suggested that contact be made with the City's Risk Manager, Ron Whittington in terms of the archery event. RECORD OF PROCEEDINGS Minutes of Dublin 04 Council BARRETT RROTNF,RS - DAYTON, OMO Meeting Form 6101 Held August 14, 2017 Page 2 of 15 Mayor Peterson asked for the dates for the event taking place in 2018. Mr. Bricker stated that the U.S. Archery Open will be held the weekend after the Dublin Irish Festival. The Buckeye Classic, a USA team qualifier, will take place two weeks after the U.S. Open. There will be five hotel nights involved for the U.S. Open. Mayor Peterson thanked the DCVB for all of their efforts with securing these events for Dublin. • Japan visit — Dublin Coffman High School students John Rockelman, Japanese teacher from Dublin Coffman High School who reported that this year a student group traveled to Japan to represent the City of Dublin to the City of Mashiko, Dublin's Friendship City. He thanked staff for assisting with arrangements. He summarized their experience as "warm" -- in view of the 95- degree weather, welcoming and wonderful! They treated the group like royalty, with a welcome ceremony including the Mayor and many wonderful experiences. He hopes that when the Japanese students visit Dublin they can enjoy the same level of hospitality. They were privileged to represent Dublin! They stayed a week with families and spent a week at the Schools interacting with the students. He noted that the students Would like to share their experiences, and provided a photo book to Council to view. The students, including Mary Rockelman, Audrey Leib, Anna Buron and Hannah Lathrop presented slides of their visit and described their various experiences in Tokyo, Mashiko, Nikko, Kyoto, Nara and Osako. Students from Japan will be visiting the Dublin, Ohio area soon, but the dates are not yet known. CITIZEN COM �I ENTS Virgil Mathias, 5868 Baronscourt Way, Dublin addressed Council regarding the increasingly dangerous situation on Franklin Street with increased traffic and lack of sidewalks. He doesn't believe there is any funding in the Five -Year CIP to remedy the problem. The City has spent considerable resources in developing bikeways and walkways, and this is a prime corridor for sidewalks. He and his family walk to the parades along this route and there are cars speeding in both directions. With the City continuing to grow, there is more and more traffic on South High Street and Dublin Road. He asked that Council give serious consideration to accelerate any plans for sidewalks in the Franklin Street area. Ms. Salay stated that the City has performed Stealthstats in that area and she would like to deploy that again and compare information. She also suggested that staff prepare cost estimates to install sidewalks along that area for future consideration. Mr. McDaniel stated that Stealthstats can be deployed. As the CIP process moves along, there is funding proposed for design on Franklin Street in the further out years. Compiling this information will help better inform staff as to the timing. A sidewalk plan such as that may be better aligned with the street repaving program, which is not schedule for a couple of years. CONSENT AGENDA Mayor Peterson asked if any Council member requests removal of an item proposed for the Consent Agenda. Ms. Amorose Groomes requested that Ordinances 50 -17 and 51 -17 be discussed as part of the Regular agenda. Mayor Peterson moved approval of the actions listed for the remaining eight items on the Consent Agenda. Vice Mayor Reiner seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Reiner, yes; Mr. Keenan, yes; Ms. Alutto, yes; Mayor Peterson, yes; Ms. Amorose Groomes, yes. Approval of Minutes of Council meeting of July 31, 2017 RECORD OF PROCEEDINGS Minutes of Dublin CitCouncil Meeting BARRETT BROTHERS - DAYTON, OHIO Form 6101 Held_. August 14, 2017 Page 3 of 15 • Ordinance 53 -17 (Introduction /first reading) Petitioning the Board of County Commissioners of Union County, Ohio, to Adjust the Boundary Lines of Jerome Township so as to Exclude that Territory that, as a Result of Annexation, now Lies within the Corporate Boundaries of the City of Dublin. (Pulte Homes of Ohio, LLC annexation of 47.366 + /- acres — Ordinance 26 -17) (Second reading /public hearing August 28 Council meeting) • Ordinance 54 -17 (Introduction /first reading) Appropriating a 0.0121 -Acre Temporary Construction Easement from The Geitgey Company, Located at 7600 Fishel Drive, for the Public Purpose of Constructing Roadway Improvements. (Second reading /public hearing August 28 Council meeting) • Ordinance 55 -17 (Introductiiorr� /first reading) Appropriating a 0.0034 -Acre Temporary Construction Easement from Jeffrey T. Beckman, Located at 7423 Cosgray Road; a 0.3304 -Acre Fee Simple Right -of -Way; and a 0.0132 -Acre Temporary Construction Easement, from the Same Property Owner, Located at 7505 Plain City Road, for the Public Purpose of Constructing Roadway Improvements. (Second reading /public hearing August 28 Council meeting) • Ordinance 56 -17 (Introduction /first reading) Appropriating a 0.1270 -Acre Fee Simple Right -of -Way; a 0.9139 -Acre Fee Simple Right -of -Way; a 0.6520 -Acre Permanent Utility Easement; and a 0.0953 -Acre Temporary Construction Easement from Kevin G. Bennington, Mark A. Bryant, Larry D. Clarke and Marc A. Palmer, Successor Co- Trustees of the Duroc Trust, Located at the Southeast Corner of S.R. 161 and Cosgray Road; a 0.0299 -Acre Temporary Construction Easement from the Same Property Owner, Located at 7520 Plain City -- Road for the Public Purpose of Constructing Roadway Improvements. (Second reading /public hearing August 28 Council meeting) • Ordinance 57 -17 (Introduction /first reading) Appropriating a 0.5877 -Acre Fee Simple Right -of -Way, a 0.1264 -Acre Fee Simple Right -of -Way, and a 0.0009 -Acre Fee Simple Right -of -Way from Jeffry Weingarten, Jeffry Weingarten T.O.D., Virginia M. Acosta T.O.D., Located at 7453 -7455 Cosgray Road, for the Public Purpose of Constructing Roadway Improvements. (Second reading /public hearing August 28 Council meeting) • Ordinance 58 -17 (Introduction /first reading) Appropriating a 0.0229 -Acre Temporary Construction Easement from Ralph E. Smucker, Located at 7500 Plain City Road, for the Public Purpose of Constructing Roadway Improvements. (Second reading /public hearing August 28 Council meeting) • Resolution 59 -17 (Introduction /public hearing /vote) Authorizing the City Manager to Enter into an Agreement with Franklin County for the Inspection of Bridges within the City of Dublin Jurisdiction and for Repairs to the Brand Road Bridge over the North Fork Indian Run. SECOND READING /PUBLIC HEARING — ORDINANCES Ordinance 42 -17 Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 2017. Mr. Gaines stated that there are no changes to this Ordinance from the first reading on July 31, 2017. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Ms. Amorose Groomes, yes; Vice Mayor Reiner, yes; Mayor Peterson, yes; Mr. Keenan, yes; Ms. Alutto, yes. Ordinance 43 -17 RezoW ng 2.33 Acres, More or Less, Located Northwest of the Intersection of Avery Road and Tuswell Drive from IPUD, Planned Unit Development District (Kenda�0 Ridge Offices and Condos) to PU D, Planned U �i it Development District (Kendall Ridge Daycare) for an Amendment to the Approved Development Text to Incorporate Additional Land and Increase the Permitted Daycare Density from 7,500 Square Feet to l.0,000 Square Feet (Case 17- RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON, OMO Dublin City Council Meeting Form 6101 Held August 14, 2017 Page 4 of 15 031Z /PDF /FDP), and Authorizing the Transfer of Certain Remnant Acreage to 6055 Avery Road Limited. Ms. Husak stated that applicants are present to respond to any questions. There are no changes since the first reading on July 31, 2017. Vote on the Ordinance: Vice Mayor Reiner, yes; Mr. Keenan, yes; Ms. Alutto, yes; Ms. Salay, yes; Mr. Lecklider, yes; Ms. Amorose Groomes, yes; Mayor Peterson, yes. Ordinance 44 -17 Rezoning 10.71 Acres, More or Less, Located on the South Side of Emerald Parkway, Approximately 600 Feet East of the Intersection with Coffman Road from PUD, Planned Ui�of Development District (McKitrick, Subarea 1) to PUD, Planned Unit Development District (McKitrick, Subarea 1A) for an Amendment to the Approved Development Text to Permit Additional Office and Educational Uses. (Case 17 -059Z/ PDP/ FDP) (Applicant: Dublin City Schools) Ms. Salay recused herself from discussion and vote on this Ordinance due to her employment with the Dublin City Schools. Ms. Husak stated that the applicants are present to respond to any questions of Council. There are no changes since the first reading on July 31, 2017. Ms. Amorose Groomes inquired whether the additional signage requirements for this rezoning were included in this application or if the Schools will be returning to Council for review of those. Ms. Husak responded that the PUD as proposed includes a highway- oriented sign. They are also allowed to reface the cabinet sign that exists today. In terms of interior signs, the only additional allowance within the development text is for library and window /door signs. Ms. Amorose Groomes clarified that the numbers and /or letters above every door and the sign directing visitors to the school office are included. Ms. Husak responded that those are already allowed in the Code so the Schools will not need to address that in the text. Vote on the Ordinance: Ms. Amorose Groomes, yes; Mayor Peterson, yes; Ms. Alutto, yes; Mr. Lecklider, yes; Vice Mayor Reiner, yes; Mr. Keenan, yes. (Ms. Salay abstained.) Ordinance 45 -17 Authorizing the City Manager to Execute Necessar17 Conveyance Documents to Acquire and Accept all of FraWffl"n County Parcel Numbers 271 - 000018 -00 and 272- 000319 -00, iin Fee Simple, Consisting of Approximately 0.649 Acre, from Pinney 7495, LLC, Located at 7495 Plain City Road, for the Pu bf Uc Purpose of Constructing Roadway Improvements. Mr. McDaniel stated that this Ordinance was introduced to Council on July 31, and it relates to the roundabout project at Post Road /SR161 /Cosgray. The landowners were cooperative in the City's purchase of these properties, accommodating this construction. He thanked Pinney 7495 LLC and Brian and Corin Cunningham. Staff recommends approval of Ordinances 45 -17 and 46 -17. Ms. Amorose Groomes asked about the intentions for the parcel development and whether there was a plan in place for them. Mr. McDaniel responded that the properties that are listed as part of this project vary in size. Once construction is completed, staff can look at the adjacent property to see if there is value to them. Mr. Lecklider stated that there has been some dialogue on social media about Dublin development and Jerome Township. This is an example of Jerome Township zoning that impacts other jurisdictions. Jerome Township has not contributed to this remedy for traffic in the area. Dublin had no input: into the development that occurred. RECORD OF PROCEEDINGS Minutes of Dublin ncil BARRETT BROTHERS - DAYTON, OHIO_ Held August 14, 2017 Page 5 of 15 Meeting Form 6101 Mr. Keenan agreed, adding that he is voting in favor of this due to the number of Dublin residents using the soccer fields on Cosgray and traveling through this area. Ms. Amorose Groomes asked for confirmation that the area shown in green on the map provided to Council will be within the City of Dublin development that occurs in this space. Mr. McDaniel responded that is correct. The property referenced as Pewamo Property is not part of the two takes. The area in question is in the City of Dublin. Ms. Amorose Groomes inquired about the Fishel Drive location and whether or not that area is in City of Dublin. Mr. McDaniel responded that only the 7672 Fishel Drive parcel is in the City of Dublin. Ms. Amorose Groomes stated that Mr. Lecklider makes a great point about who will be the benefactor of this roundabout. She questioned what, if anything, on the four corners will be developed in Dublin. Mr. McDaniel illustrated on the map provided to Council the land in Jerome Township and the land in the City of Dublin and Washington Township. In response to Ms. Amorose Groomes' question regarding the properties along Fishel Drive, Mr. McDaniel stated she was correct in stating that they would have to annex to the City of Dublin to obtain water and sewer services. Ms. Alutto clarified that the City is improving a road that it doesn't own without any contribution from Jerome Township. Mr. McDaniel stated that when the Costco development decision was made by Jerome 'Township, no contribution for infrastructure improvement was made in conjunction with that development. This particular developer ( Costco project) was not required to contribute to the infrastructure improvements needed. Dublin hosted a meeting with all relevant jurisdictions and the developer, and as a result, the contributions grew from $300,000 to $900,000 for Union County; Franklin County Commissioners contributed a little over $2 million; and the City of Dublin is contributing $900,000 to the project as well as in kind services valued at about $300,000. The project does serve the residents of Dublin to the south. He expressed appreciation to all parties who contributed to the project. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Reiner, yes; Mr. Keenan, yes; Ms. Alutto, yes; Mls. Amorose Groomes, yes; Mayor Peterson, yes. Ordinance 46 -17 Authorizing the City Manager to Execute Necessary Conveyance Documents to Acqu H" re and Accept 0.2336 -Acre Fee Simple Right-of-Way (0.1913 -Acre of Which is Present Road Occupied); and a 0.0141 -Acre, More or Less, Temporary Easement from Brian Cunningham and Corin Cunningham Located at 7515 Plain City Road, for the Public Purpose of Constructing Roadway Improvements. Vote on the Ordinance: Ms. Alutto, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mayor Peterson, yes; Vice Mayor Reiner, yes; Mr. Keenan, yes; Ms. Amorose Groomes, yes. Ordinance 47 -17 Authorizing the City Manager to Execute Necessary Conveyance Documents to Acqu "Hire a 0.183 Acre, More ov Less, Permanent Easement from Ashland, LLC® from the Property Located at the Northwest Corner of Rings Road and Blazer Parkway, for the Public Purpose of Constructing and Maintaining Pubflrl Uti 0 ities. Mr. McDaniel addressed both Ordinances 47 -17 and 48 -17. Tuttle Blazer Development LLC has proposed to develop two 60,000 square -foot office -flex buildings on property located on the east side of Blazer Parkway, north of Rings Road. The construction on the first building is slated to begin in the fourth quarter of 2017. This project consists of extending public sanitary sewer from Rings Road north along Blazer Parkway in order to provide public sanitary sewer access to the site. RECORD OF PROCEEDINGS Minutes 7 � •Rl BARRETT BROTHERS - DAYTON, OHIO Held August 14, 2017 Page 6 of 15 Meeting The City will need to acquire two permanent utility easements for the construction and maintenance of the public sanitary sewer. Both easements are described in Ordinances 47 -17 and 48 -17. Both easements are being conveyed at no cost to the City, which is much appreciated. Staff recommends approval of both Ordinances. Form 6101 Vote on the Ordinance: Vice Mayor Reiner, yes; Mr. Keenan, yes; Ms. Salay, yes; Mayor Peterson, yes; Ms. Amorose Groomes, yes; Ms. Alutto, yes; Mr. Lecklider, yes. Ordinance 48 -17 Authorizing the City Manager to Execute Necessary Conveyance Documents to Acquire a 0.428 Acre, More or Less, Permanent Easement from Tuttle Blazer Development, LLC, from the Property Located at 5185 Blazer Parkway, for the Public Purpose of Constructing and Mainta "HifAng Public Utiflties. Vote on the Ordinance: Ms. Amorose Groomes, yes; Ms. Salay, yes; Vice Mayor Reiner, yes; Ms. Alutto, yes; Mr. Lecklid( -,jr, yes; Mr. Keenan, yes; Mayor Peterson, yes. Ordinance 49 -17 Authorizing the Provision of Certain Incentives to T- Cetra, LLC to Induce it to Purchase a Facility to Retain and Expand an Office and its Associated Operations and Workforce, all within the City; and Authorizing the Execution of an Economic Development Agreement. Ms. Gilger stated that there have been no changes since the first reading on July 31. She introduced Abdul Akel, founder and CEO of T- Cetra, LLC. Mr. Akel stated that he founded the company 10 years ago. The company brought in $450 million in revenue last year. The company has been in Dublin for over three years and he expressed appreciation -to Council for everything the City has done. Ms. Amorose Groomes thanked Ms. Gilger for her work as she has noticed an uptick in building ownership tied to recent economic development agreements. The earliest companies that made this City great were owner - occupied properties. She believes there is a different level of care for owners versus renters of property. She expressed appreciation to staff for promoting ownership in the community. Vote on the Ordinance: Mr. Lecklider, yes; Ms. Alutto, yes; Mayor Peterson, yes; Ms. Salay, yes; Vice Mayor Reiner, yes; Mr. Keenan, yes; Ms. Amorose Groomes, yes. INTRODUCTION /FIRST READING — ORDINANCES Ordinance 50 -17 Adopting the Five -Year Capital Improvements Plan (2018- 2022). Ms. Salay introduced the Ordinance. Mr. McDaniel stated that this proposal represents staff and City Manager recommendations regarding the Five -Year Capital Improvement Program. Ms. Amorose Groomes stated that she felt it necessary to request removal of this item from the consent agenda. Anytime the City is contemplating spending $197 million dollars, the information should be shared with the public. Mr. McDaniel stated that a CIP work session is slated for Monday, August 21 and the second reading of the Ordinance is tentatively scheduled for September 11. Ordinar-ice 51 -17 AmendH"ng Sections 91.28, 91.29 and 91.99 of the Dublin Code of Ordinances to Remove Pit Bulls from the Definition of "Vicious Dog," to Change the Definitions of a "Dangerous Dog" and a "Vicious Dog," to Require the Owner of a Dangerous Dog to Obtain a Dangerous Dog Registration Certificate, and to Change the Penalties Involving Ownership of Nuisance, Dangerous, and Vicious Dogs. Mr. Lecklider introduced the Ordinance. RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON, OHIO LHeld- Dublin City Council August 14, 2017 Page 7 of 15 Ms. Readier stated that this is an update to Dublin's Code in order to be consistent with Ohio law. She gave a brief history of the changes that have taken place with these regulations. Breed specific prohibitions are frequently being eliminated from these regulations. Ms. Amorose Groomes stated that she pulled this from the consent agenda because she felt it is important for the public to know Council was considering this and planning to vote on it. Dogs are a part of many families in Dublin, and she felt it was important enough to warrant a few moments of conversation. Ms. Salay stated she sees this legislation as a smart update -- not calling out specific breeds, but rather the behavior of some dogs. She asked whether dogs who attack other dogs are considered vicious and where the City stands on that issue. Ms. Readier responded that the Ordinance which mirrors Ohio law mainly speaks to injuries to persons; however, in the definition of dangerous dog, it includes a dog that has killed another dog. Otherwise, injuries to dogs from other dogs could be handled as a civil matter. There may be other violations if, for example, a leash was required and not used. Ms. Salay commented on the safety issues that result from using retractable leashes for large dogs. Mayor Peterson stated that this is interesting. If a dog kills another dog, the financial burden ends, but if a clog severely injures another dog, it may require costly medical care. Ms. Readier stated that the remedy would be a civil action against the dog owner. Mr. Keenan stated that approximately 50% of every general liability dollar of homeowners insurance relates to a dog bite. Mayor Peterson stated many people don't have the financial resources to hire an attorney to recover costs of medical care. Mr. Keenan stated that for some dog breeds, many insurance companies will not underwrite a homeowners policy due to the risk. Ms. Readier stated that in light of recent court cases and as Ohio law is today, the City is constrained to follow this. Mr. Lecklider added that unleashed dogs continue to be a problem. 'There will be a second reading /public hearing at the August 28 council meeting. Meeting Ora"Hnance 52 -17 Rezohing Approximately 2.9 Acres from PUD, Planned Unit Development District (Oak Park, Subarea D) to PUD, PDanned Unit Development District (Oak Park, Subarea D) for Amendments to the Approved Development Text to Permit the Conversion of 36 Townhome Units in Six B0dings to 20 Single- family Lots witGA n an Existing Residential Development. (Case 17- 028Z/PDP/PP/FDP/FP) • Preliminary and Final Plats Mr. Lecklider introduced the Ordinance. Mr. Stang stated that this development is on the west side of Hyland Croy Road at the intersection of Oak Meadow Drive and Oak Park Boulevard. The proposal is to rezone subarea D of the Oak Park Planned Unit Development to allow for detached single - family homes. The Community Plan has two future land use designations that this site overlaps: the first is the Mixed Residential Low Density, which is intended to provide a mix of housing options; the second is for the Mixed Use Neighborhood Center providing retail uses and personal services. This proposal complies with the recommended land uses by providing a smaller size residential lot within the existing development and allowing for the commercial portion to develop under the original zoning approval. Mr. Stang provided an illustration showing that the site is located within a Special Area Plan. The Northwest /Glacier Ridge Special Area Plan provides a conceptual layout for future development that is consistent with the layout for the Oak Park development and addresses all recommendations. No improvements will be needed in infrastructure as this is a decrease in density. Form 6101 RECORD OF PROCEEDINGS Minutes of Dublin City Council BARRETT BROTHERS - DAYTON, OHIO Held August 14, 2017 Page 8 of 15 Meeting Form 6101 Mr. Stang described the proposal as the rezoning and development of six townhome building sites to 20 single - family residential lots and two open space reserves. The site encompasses the vacant lots platted during the original approval, amounting to 2.9 acres in total. The site is serviced by an existing roadway network provided on a series of public streets and private alleys with public utility connections. The residential homes will contain rear - loaded garages using the private alleys for access with frontage on public streets and will utilize similar architecture to the existing development. The development was designed and developed under the Conservation Design Principles and was able to achieve over 50% open space with the majority of homes directly adjacent to open space. Mr. Stang stated that included with this resubdivision of the site is the approval of a preliminary and final plat. The Planning and Zoning Commission recommended approval of the rezoning and the preliminary development plan at their July 13 meeting with one condition. They are recommending approval at Council's second reading /public hearing. Additionally, the Planning and Zoning Commission also recommended approval of a Preliminary and Final Plat with two conditions. Staff also recommended approval. Ms. Amorose Groomes inquired about the fencing portion of the development standards - specifically referring to the section that addresses privacy fences, stating, "the rear of any lot shall be six feet in height and connect to a four -foot high fence on the side of an adjoining private street. Fences may span open space or side yard set back between adjoining buildings including within easements..." Are fences allowed to be built on the property line? Mr. Stang responded affirmatively. It will be a requirement that all property owners install a six -foot fence between the garages and against the private alley. In response to Ms. Amorose Groomes' question regarding two different fence heights being joined together, Mr. Stang stated that the last two feet between a four -foot and six -foot fence will be of a lattice design where it meets at the corner. Ms. Amorose Groomes clarified that the four -foot fence and the six -foot fence are solid material. Mr. Stang stated that the material is solid only up to four feet. From four to six feet it is a lattice design. Ms. Amorose Groomes expressed her concern that it appeared from the site layout that there were many points where a four -foot fence would meet a six -foot fence. In response to Ms. Amorose Groomes' question regarding which of the streets are private, Mr. Stang listed the private versus the public streets. Ms. Amorose Groomes stated that it has been the City's practice to discourage private streets. Mr. Stang stated this largely related to working with the existing infrastructure that was already in place. Vice Mayor Reiner stated that he understands a reason for fences from an architectural standpoint, but inquired whether there are maintenance requirements stipulated. Ms. Amorose Groomes stated that it is the homeowners association responsibility for maintenance. Mr. Stang stated that the fences will be on private property, but the intent for consistency is that the HOA will help to maintain the fences. Vice Mayor Reiner asked if the HOA was funded adequately to carry out this maintenance. RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON. OHIO Held Dublin City Council August 14, 2017 Page 9 of 15 Meeting Form 6101 Mr. Stang stated it is adequate. In response to Vice Mayor Reiner's question regarding the HOA fees per unit, Mr. Stang was uncertain of the amount that will be charged, but offered to check and report back. Vice Mayor Reiner stated that this was a concern of Council because quite often the burden falls on an underfunded HOA. Mr. Lecklider asked for confirmation that the four -foot fence meeting the six -foot fence is in a perpendicular fashion. Mr. Stang stated that was correct. Mr. Lecklider stated that he has had a number of conversations with staff with respect to another parcel that was formerly the Shoppes at Athenry and is now the Shoppes at Muirfield. Council was adamant about the mixed -use portion being developed simultaneously with the residential portion so that these problems will not occur in the future. He expressed concern that this proposal is guaranteeing future complaints. He recalls that it was a requirement when this rezoning was approved that building commence within two years. It has been staff's interpretation that because the residential builder commenced in two years that the condition was satisfied. He believes this to be problematic and, at the very least, requires a Code change. If construction does not occur within two years, the approval should lapse, because the conditions change. Putting a mixed -use development in this now does not work. There was a different intention of Council at the time of approval, based on the problems that occurred with the Shoppes at Athenry. Ms. Amorose Groomes agreed and stated that the private streets are another concern. Mr. Lecklider stated that if there wasn't different ownership, perhaps there would be public streets. However, the private streets won't have City plowing and other services. He could envision future complaints. Ms. Amorose Groomes inquired whether staff has information about the standards to which the streets were built. Mr. McDaniel stated that he would have to check on that, but he assumes if they are private drives, they are not built to City standards. He shares the same concern with the commercial use. Ms. Amorose Groomes suggested it may be less costly to address the issue now and require the streets be brought up to City standards versus waiting and having to fix it later. Mr. McDaniel will check on that and report back to Council. Mr. Keenan stated that it seems reasonable to go from 36 townhomes to 20 single - family lots, but the residents will likely have more concern with the commercial development. Is there a way to formalize the buyers' understanding about future commercial development that will take place? Mr. McDaniel stated it could be included in the records, but enforcement could be an issue. Vice Mayor Reiner recalled complaints about noise from trash trucks picking up in the early morning hours at the Shoppes at Athenry. Ms. Amorose Groomes stated that by standardizing the streets, it would be easier for larger trucks to come into the neighborhood. The drawing indicates these are much narrower than the balance of the streets. Mayor Peterson invited the applicant to present. Chris Cline, representative for the applicant, stated that the two open areas in the middle are owned by another party. His client is Oak Park and the seller preserved those areas for commercial development. The three -story townhomes were meant to buffer the residents from the commercial development. However, an empty nester is not RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON. (OHIO Held Dublin City Council August 14, 2017 Page 10 of 15 Meeting Form 6101 interested in a three -story townhome. All the streets are installed and, to his knowledge, built to City standards for that area. City staff took the initiative and asked to review their marketing materials to be certain that appropriate disclosure was provided that commercial development would occur in the future. It became clear that they could not market these lots unless there is a clear delineation between the rest of the lots and the commercial use. Regarding the fences and cost to maintain, he stated that the HOA can assess that expense within the fee structure. He pointed out that they did attempt to obtain control of the commercial portion, but were unable to do so. In response to Mayor Peterson, Mr. Cline stated that the unit cost is pushing $500,000, but they anticipate them to be closer to the range of $430,000 - $470,000. Mayor Peterson asked whether they are still trying to control that land. Mr. Cline stated that they are committed to this development and have eight or nine lots that remain vacant. Mr. Lecklider stated that he believes the previous zoning has lapsed for the other parcels. In response to Mayor Peterson, Ms. Readler stated the approval under the Planned Development District Code is for three years. She asked Mr. Stang whether there was any specific condition on the original zoning that required anything in addition to the planned district time limits. Mr. Stang responded there was not any such condition; however, with the final development plan, one of the conditions that was added in regard to the commercial component was to file an application for a final development plan. It did not require that the final development plan be approved, but only to be filed. The application was filed, but has remained dormant. Ms. Readler stated that there is an independent section of the Planned Development District Code that states if an applicant does not proceed with approval on a final development plan within three years, then the City can rezone the property. She believes the criteria had been met, and therefore she would not recommend that the City rezone the property. Mr. Cline stated that most cities have a sunset provision in their Cody that states if the property has not been built upon within a certain amount of time, thin it reverts to its previous zoning. Ms. Amorose Groomes requested a memo from Ms. Readler about why she believes the criteria has been met and therefore not subject to rezoning. Mr. Lecklider reiterated that he does not believe the condition being met ultimately was Council's intent. Mr. Cline stated that the applicant is doing what they can with what they have to work with. There will be a second reading /public hearing of the ordinance at the August 28 Council meeting. Vice Mayor Reiner stated he would like to have information on the HOA funding so that Council can be assured it will be maintained. Mr. McDaniel stated staff will review the maintenance costs and make some projections. Mr. Keenan requested that the private road maintenance issues be reviewed as well. In response to Mayor Peterson regarding renderings of the commercial area shown during the rezoning in 2006, Mr. Cline stated that they are beautiful, but now would be difficult to execute and compete on a commercial basis. RECORD OF PROCEEDINGS Minutes of BARRETT RROTHFRS - DAYTON. OHIO Held Dublin City Council August 14, 2017 Page 11 of 15 Meeting Form 6101 Mayor Peterson stated that expectations are critically important and he would like to make future residents aware of what to expect. Vice Mayor Reiner stated that maintaining roads is expensive for HOAs. He doesn't want the taxpayers to have to pay for this in the future. Mr. Lecklider stated that he assumes the expense of maintaining private roads would be shared with the commercial and other property owners. INTRODUCTION /PUBLIC HEARING /VOTE — RESOLUTIONS Resolution 60 -17 Approving the Petition for Special Assessments for Special Energy Improvement Projects Under Ohio Revised Code Chapter 1710 (5500 Frantz Road Project). Mr. Lecklider introduced the Resolution. Ms. Gilger stated that for the past 18 months, the City has been sponsoring energy audits for this area for an office competitiveness program. Staff hoped that by sponsoring these audits, building owners would learn of some improvements that could be made to their buildings and make them. This program is new for the City, but not for the State. PACE (Property Assessed Clean Energy) is a financing mechanism that enables low cost, long -term funding for energy efficiency, renewable energy and water conservation projects. Within central Ohio, the Columbus /Franklin County Finance Authority established the Columbus Regional Special Improvement District that allows for additional properties within the City of Columbus, Ohio and within any municipal corporation or township that is adjacent to any other corporation or township to opt in to the District. Projects between $200,000- $6,000,000 can be financed through the Finance Authority's bond fund. The City has no financial obligations related to these improvement projects. Jean Carter -Ryan with the Columbus /Franklin County Finance Authority provided a short presentation for Council. The specific project before Council is for 5500 Frantz Road, and includes $500,000 worth of improvement to that facility. There were two Resolutions before Council at this meeting and three Ordinances at the August 28 meeting, which are necessary to establish the Special Improvement District. Ms. Carter -Ryan stated that the Finance Authority is excited to be involved in this program. There is a gap in the market and these improvements are hard to finance. This law that was created in 2009 allows building owners to petition the City for this assessment. This is a great opportunity for building owners to make energy efficiency improvements. In response to Mr. Keenan, Ms. Carter -Ryan stated that the money is advanced from the treasury and the amounts are anywhere from $200,000 to $5,000,000. Mr. Keenan stated that the Ohio Air Quality Development Authority does similar work for efficiency projects. Ms. Carter -Ryan stated that the main difference is the Ohio Air Quality Development Authority has to partner with a bank as a conduit for funding. The Finance Authority obtains their funding from Franklin County through the Smart Energy Program. Mr. Keenan inquired whether energy consumption is monitored. Ms. Carter -Ryan confirmed that it is, and that they require an American Society of Heating, Refrigeration, Air Conditioning Engineers Society audit, which is the national society that has established national standards. In response to Mr. Keenan's question regarding who pays the cost of services for the energy audit, staff indicated that the City of Dublin sponsored a million square feet of energy audit. RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON, OHIO Dublin City Council Held August 14, 2017 Page 12 of 15 Meeting Mr. Lecklider stated that he believes this is a great program. He clarified that his understanding is that the Finance Authority needs the City of Dublin to be the vehicle to collect the assessment. Ms. Carter -Ryan stated that was correct. Mr. McDaniel stated that the statute that is in place today hasn't caught up with the implementation of this program. He expressed his gratitude to Ms. Carter -Ryan for helping to have this program available in our area. In response to Ms. Amorose Groomes' question, Ms. Gilger stated that it is an opt -in program, so each property owner has to opt in themselves. Staff anticipates other properties in this area will want to move forward in the future. Ms. Alutto stated this is a great mechanism. Mr. Keenan inquired about the interest rate attached to this programming. Ms. Carter -Ryan responded it is 4.95% for 15 years — market rate funding. Mr. Lecklider expressed his gratitude to staff for taking the initiative. Ms. Gilger credited Jeremiah Gracia for his work on this program. Vote on the Resolution: Mayor Peterson, yes; Ms. Salay, yes; Mr. Lecklider, yes; Ms. Amorose Groomes, yes; Vice Mayor Reiner, yes; Ms. Alutto, yes; Mr. Keenan, yes. Resolution 61 -17 Approving the Necessity of Acquiring, Constructing, and Improving Certain Pubfic Improvements in the City of Dublin, Ohio in Cooperation with the Columbus Regional Energy Special Improvement District (550(0 Frantz Road Project). Mr. Lecklider introduced this Resolution. Vote on the Resolution: Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Reiner, yes; Mr. Keenan, yes; Ms. Amorose Groomes, yes; Ms. Alutto, yes; Mayor Peterson, yes. STAFF COMMENTS Mr Mrn;;niPl 1. Thanked Council and everyone for their work on the Dublin Irish Festival. 2. Noted that there is a change in the Christmas Tree Lighting location to better accommodate the crowds experienced in recent years. The details are in the memo. COUNCIL COMMITTEE REPORTS Community Development Committee • Beautify Your Neighborhood Grant Recommendations Vice Mayor Reiner stated that on March 13, the City approved six applications totaling $24,175.00. For the fall cycle, there were two applications received: one for Shannon Village for $2,435 and one for the Villas at Glenealy for $3,500. The approved 2017 budget for the grant program is $32,000 and $7,825 remain to be granted toward these applications. This will leave a balance of 1,890 of the 2017 funds left unspent. Form 6101 Vice Mayor Reiner moved approval of the recommendations for the two grant applications submitted. Mayor Peterson seconded the motion. Vote on the motion: Ms. Amorose Groomes, yes; Ms. Salay, yes; Mr. Lecklider, yes; Vice Mayor Reiner, yes; Mayor Peterson, yes; Mr. Keenan, yes; and Ms. Alutto, yes. Administrative Committee Mr. Keenan stated that interviews for the ARB vacancy will be held on Wednesday, August 23 at 6:00 p.m. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS • DAYTON. OHIO Held August 14, 2017 Page 13 of 15 Friendship Association Ms. Alutto expressed her gratitude to Council and to Association members for their support as the City welcomed our new Friendship City - Dublin, Ireland. The next meeting of the Friendship Association is scheduled for September 19. Board of Education Liaisons Form 6101 Ms. Amorose Groomes stated that the Schools have their annual convocation on Tuesday morning, August 15. Their next meeting with the Schools is on Wednesday, August 23 at 4:30 p.m. Washington Township Liaison Mayor Peterson reported that he and Mr. McDaniel will meet with Trustee Denise Franz King on Tuesday, August 15. COUNCIL ROUNDTABLE Ms. Amorose Groomes: • Commented in regard to the library transitional element that she is grateful for the hard work and is excited about the transitional element that was selected. • Commented about the Christmas Tree Lighting relocation to Coffman Park. One of her favorite parts of the tree lighting is when children sing carols and perform. However, the mobile stage is not large enough to accommodate all of the children. She wonders if the Thunder Stage would be a more appropriate location. She believes it is a fabulous site and amphitheater. She suggested that the Christmas tree be placed on the lawn where the Kiwanis have their Easter egg hunt. Mr. McDaniel stated that he appreciates the feedback and will review the suggestions. • Noted in regard to the Scioto River canoe and kayak safety memo that a study was done in 1986 and a brochure produced that listed the benefits of a Bridge Park with a designed bridge complete with a suspended footbridge. In this study, it lists five benefits that this park would bring to the entire Dublin community. Among them were: 1. Provide a quiet scenic walk along the beautiful river. 2. Provide an opportunity for kids to learn to canoe and fish with adult supervision. She appreciates the fact that the City is doing canoe safety and water safety. 3. She shared the 1986 brochure with Council and staff. • Added that the Celtic Harp that was dedicated at the Festival was a great piece of public art. Thanks to everyone for their work on this project. Ms. Alutto commented: • Thanks to the citizens and the School representatives for attending the Concord Road bikepath meeting. She thanked staff for their attendance and participation. It was a lively and good discussion. She appreciated Parks staff input, the Tartan Fields HOA and golf course representation. The focus is all about safety and is about constructing the rest of the path that is not in Dublin. The City has offered its services to work with the Township and with the people who live in that area. A positive note is that the speed limit sign has been reduced from 45 to 35 mph near the school. • The school year begins Wednesday, and she urged everyone to be patient with buses and with the children. Mr. Keenan: • Concurred with Ms. Amorose Groomes' suggestions about the Christmas Tree Lighting relocation. He, too, believes that the Amphitheater would be a better site for the performances. • Commented regarding the proposed CIP, in particular the bridge -- finalizing the scope and fee with consultant, with design to be completed by the end of 2017. Is the design work still ongoing at this point? Mr. McDaniel responded affirmatively. RECORD OF PROCEEDINGS Minutes of BARRETT BROTHERS - DAYTON, OHIO Held Dublin City Council Meeting August 14, 2017 Page 14 of 15 Form 6101 • Regarding the maintenance of guardrail on Riverside Drive, Dublin Road and Brand Road — is there a reason to consider wooden guardrails versus metal in these areas? Mr. McDaniel will check into this. • Regarding the West Plaza retaining wall, is the construction of this wall complete? Ms. O'Callaghan confirmed that the retaining wall construction is completed. • Suggested that a bubble be considered for a Dublin outdoor pool to enable year- round use of the pool. Mr. McDaniel stated the North Pool is due to be completely reconstructed in 2019 and that may be something that could be considered. Mr. Keenan noted that Scioto has a bubble over their pool and it works well. Mr_ I PrkliriPr- Thanks to all of the staff and the many volunteers who helped to make the Dublin Irish Festival such a fantastic weekend! A special thanks to Ms. Richison who worked so hard at planning and hosting the delegations from the various Dublins! He is certain that these visitors had a wonderful experience in Dublin, Ohio. He recalls how warmly he was welcomed to Dublin, Ireland in 2013 for a "Gathering of the Dublins." Reported that he had the honor of representing Council at Boy Scout Troop 185's 75th anniversary celebration at the Dublin Community Church yesterday. This was another opportunity to learn more history about the City. This troop was chartered in 1942, and some of the former members present included Judge Rose, Jim Richards and Dick Termeer. Chi Weber was not in attendance, but he was a member of this troop. Mr. Termeer recalled that he was born in a two - room house in a lot behind what is now Starbucks. He was one of four boys in a very small house! This was a great event, and this Troop has graduated 118 Eagle Scouts over the years. He noted that Eli Pinney was the second Scoutmaster for Troop 185 back in the 1940s! Vice Mayor Reiner: • Asked about the US 33/SR161 /Post Road interchange and the CIP item that indicates design of interchange upgrade underway, borings underway, review of bridge architecture and interchange aesthetics underway and environmental work is proceeding. Is the City still engaged in this project? Mr. McDaniel responded that Council will see in the CIP document that this project is being pushed out, depending upon obtaining funding from other entities. There is some preparatory work that is underway, which may enable seeking funding in the future from other sources. • Reported that he spoke with the vendors participating in the Dublin Irish Festival. They were very pleased with their success and plan to return next year. • Thanks to Ms. Richison for her work in taking care of the City's guests for the Gathering of the Dublins. Thanks also to all who worked on the f=estival! Mayor Peterson: Thanked Mr. McDaniel, staff and in particular Chief von Eckartsberg for all of their work on the DIF. Given the 100,000 plus visitors to the City, it was an unbelievable level of accomplishment and professionalism. He also acknowledged Ms. Richison for her efforts with the Gathering of Dublins. His experience in every project he works on with her is a superior level of professionalism. He also thanked Vice Mayor Reiner for his assistance in enabling the parchment paper version of the Friendship City agreement that has now bee executed by all of City Council and that will be forwarded to Dublin, Ireland. A ]OURNMENT T meeting w i rned at 9:10 p.m. I,,-\ qs 0 --% ayor — Presi , ing Wicer RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting BARRETT BROTHERS - DAYTON, OHIO Held August 14, 2017 Page 15 of 15 Clerk of Council Form 6101