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HomeMy WebLinkAbout03/01/1999 RECORD OF PROCEEDINGS wwwwwwHHww~~&wm~~mHH,wm~wm~~'H~Mi!luj:~~~w21~m_mH__~~Hm_~~m~_H~___~_~~&~~m_~__H~m~~____~~ Meeting Dublin City Council Meeting Page 1 mW__H___~m~wm~mm'mmmm'&WWmmH DAYTON LEGAL BLANK CO., FORM NO 10148 Held March 1 1999 19 Mayor Kranstuber called the Dublin City Council Meeting of March 1, 1999 to order at 7:00 p.m. Mrs. Boring led the Pledge of Allegiance. ~. ! Roll Call i Council members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. Adamek, Mr. McCash, Mr. Peterson, Ms. Hide Pittaluga and Mr. Reiner. Staff members present were: Mr. Hansley, Mr. Helwig, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Ms. Fierce, Mr. Kindra, Mr. Harding, Ms. Telfer, Ms. Crandall, Ms. Bearden, Mr. Hahn, Chief Geis, Ms. Vincent, Mr. Kindra, and Mr. Hermann. Approval of Minutes of Meetin2 of Februarv 16. 1999 Mr. McCash noted a correction to the minutes on page 4 under his comments regarding Ordinance 16-99. Strike the words "would seem to" and correct the sentence to read, "which includes soil and water conservation." Mayor Kranstuber moved approval of the February 16, 1999 minutes as corrected. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Correspondence The Clerk reported that no correspondence had been received which requires Council action. - Citizen Comments Wallace Maurer, 7451 Dublin Road: 1. Noted that he will postpone further comment on the Dublin Road bike path pending further research on this matter and discussion with citizens residing on Dublin Road south of Emerald Parkway. 2. Asked if there is any construction scheduled in the immediate future for the Dublin Road bike path portion from Brandonway to 161. Mr. Helwig stated that the next section to be developed has not yet been designated. 3. Stated in regard to the tunnel at Brandonway, that it will be unsafe for cyclists approaching from the west and heading east as they will have to stop for the blind spot. Signage will be needed directing cyclists to yield. 4. Commented in regard to clause 3.06(d) in the Revised Charter that he has now completed his review of the minutes of the Charter Commission and the reasoning behind the clause. It is his conclusion that the clause is unconstitutional. He urged the newer members of Council to familiarize themselves with the minutes of the Charter Commission on this matter. William Wagner, 7199 Dublin Road asked if the annual appropriation of $150,000 for bike path construction includes compensation to the owners for land, or if it is strictly for the construction and maintenance of the bikepath. Mayor Kranstuber explained that $150,000 is the annual amount budgeted for the overall ,.-... bikeway connections. He assumes that the Dublin Road bike path portions will require i j r I additional appropriations at the time they are scheduled. Ted Saneholtz. 5775 Sells Mill Drive stated that he provided copies to Council of the neighborhood survey done in regard to speeding on Sells Mill Drive. Of 29 solicitations sent out to the neighbors, responses were received from 21, representing 31 individuals. Twenty of the surveys indicate that there is a problem. Only one neighbor does not believe that there is a problem. The speeds are outrageous, and the Dublin Police are aware of their concerns. He appreciates the fact that the City moved the crosswalk for safety reasons, but he is still very concerned about the speeds. He has contacted the City Manager, his assistant, and the City Engineer, and they have indicated that stop signs to control speed would be illegal. He asked what Council's response is to the situation and what is their proposed solution to protect the safety of the children of the neighborhood. , I .'. Ii H '1 ' il i': :111 'I 'Iii 1 " +" > ' T' "--';',' '--""H-''''~''''''V'''''''''''l!f!'''':lrP11l''''f:l'f'll<lt,' '.1':,-- ::.' iH':,11J~--n,;'II,'!VII''!'f~I,I;:"'-f 'li1:,-iiill',k'+,'H!ti:,~ -I' I I RECORD OF PROCEEDINGS '~_~__P__P,,~#___P__P_~_~__P_~,~_~'~Inl.! te~~p-91~#__~~__~_'_____~~_~~$_~_~'_____$$"""""'-w_~ '" Meeting Dublin Citv Council Meeting --Page 2~~----'~--,~-~w'-~-~W'$~-'~~--~-'-'~~--~' DA'(T N LE AL 8LANK co. FORM NO. 10148 Held March 1 1999 19 Mayor Kranstuber asked what Mr. Saneholtz is proposing as a solution. - Mr. Saneholtz stated that the proposals he made last summer were threefold: 1. If the Tara Hill stop signs are illegal, he would like those removed since they are a factor in traffic volume increases on Sells Mill. 2. He would like some stop signs installed on Sells Mill because they will reduce the speeding problems. 3. In addition, he would advocate having some sort of speed control devices, at least in the school zone area. Those would likely be speed humps. Mr. Hansley commented that several of the Tara Hill stop signs were removed a few years ago when it was determined that there were not warrants for all of the signs. Council at that time ordered a special engineering study, and because of the location of Coffman Park and the high school, the City was legally allowed to leave some of the signs in place. As a matter of policy, Council has not used stop signs for speed control as state statute specifically prohibits using stop signs for this purpose. If the underlying issue is speed, there are other ways to address it. Council has added a motorcycle unit which has enhanced speed enforcement efforts. The number of speeding tickets issued in the City has increased as shown in the Mayor's Court records for 1998. Mr. Saneholtz stated that he has observed speed enforcement efforts on Muirfield Drive and Post Road, yet neither of those streets have residential homes which closely border the roadway. - Mr. Hansley added that Council has also authorized a public awareness campaign for speeding which will be implemented very soon. Mr. Saneholtz stated that the Police division has indicated they do not have the resources to patrol his street. Mr. Hansley stated that a Public Oriented Police (POP) unit has been added and speed and traffic enforcement will be a high priority. Discussion continued. Kevin Cheeseman, Sells Mill Drive indicated that he supports Mr. Saneholtz's position. His son was nearly hit by a speeding car on Sells Mill last summer. The car was traveling 50 or 55 mph. The residents are requesting stop signs or speed bumps - something to slow down the traffic. Chief Geis noted that more than 1,000 additional traffic tickets were issued in 1998 due to the stepped up enforcement. However, enforcement is targeted first to areas experiencing an increase in traffic accidents, and that is why there is an increased police presence on A very-Muirfield Drive. - i j Mayor Kranstuber suggested that the Police do some targeted enforcement on Sells Mill, between Earlington and Muirfield. Chief Geis stated that the POP unit will be looking at this area in response to the residents' concerns. Mayor Kranstuber further suggested that the residents meet with the officer assigned to their area at an upcoming civic association meeting. Mayor Kranstuber commented that the warrants must be met to justify installation of stop signs. Staff has indicated that the warrants would likely not be met on Sells Mill for stop signs. He asked that staff provide a memo about this within the next two weeks. , I J,i iI j IIHlII:.Uct,I'i i I " - "'..'e ."'''''''''''1-<I,''''__''.'_'n.'''"~,~,,!;.'''''.lEHlI,'','i' l"l!!1t'ltll'H-'W'-i'CWi-'lt,JWII [' UV'11t1--'1-\~',:1l'<" I I RECORD OF PROCEEDINGS ~4,~"~~'''m''''~'#m,,~,,~~,,_~Mlnut!:s qH:[W_"WHW__"_H_W__"~~~WH_#_~"_~H~~"___~~"~'H_'.'W~"~______w__~"______,, M~etil!gw_ww#w",w"ww~ww, Dublin City Council Meeting Page 3 ' D YTON LEGAL BLANK CO. FORM NO. 10148 Held March 1 1999 19 Mr. Saneholtz asked that staff also provide the legislative history of the statute, including the state representative or senator who sponsored that bill. . ...--.. Mr. Hansley emphasized that the public awareness campaign for speeding will communicate to the citizens that the City will be strictly enforcing speed limits in the upcoming months. Mayor Kranstuber asked staff for a status report on the Waterford Village speed hump installation. Mr. Helwig responded that the traffic analysis was to be delayed until the improvements at Metro Place South and Frantz Road were completed. Now that the work is completed, the traffic study can take place. The results will be available sometime this spring. Jan Poland, 5617 Sells Mill Drive stated she shares the safety concerns expressed by other residents tonight. She has resided on Sells Mill for over ten years, and has seen the traffic and speeds increase during that time. They believe that traffic has been rerouted from Tara Hill up to Sells Mill where there are no stop signs. Some neighbors have indicated they are not supportive of the installation of speed humps because motorists increase their speed in between the humps. Stop signs would slow the traffic, and neighborhood awareness of speeding can be addressed through the PTO and civic associations. As a concerned resident, she encourages Council members to come out to observe the speeds of the cars. . Mayor Kranstuber asked if there are any cross streets where they would specifically - request stop sign installation. Ms. Poland responded that good locations would be Schoolcraft, Christie Chapel, and Earlsford. Mayor Kranstuber asked that staff look at these locations. Mr. Hansley stated that the citizen radar patrol has been successful in some neighborhoods. Would the residents be interested in this? Ms. Poland responded affirmatively. Mr. Reiner suggested that street layout issues be given more consideration during the planning process. Hopefully, that would prevent these situations in the future. Mayor Kranstuber asked Mr. Saneholtz if he is still interested in the option of speed humps after tonight's discussion. Ms. Saneholtz responded that they are likely not a solution, with the possible exception of the school area. Mayor Kranstuber summarized that staff will respond to Council with a memo about the legality of stop signs, and the feasibility of speed humps in that neighborhood. ,~ Staff Comments , Ms. Fierce confirmed that the next Southwest Area Plan meeting will be held on Monday, March 8 at 6 p.m. in Council Chambers. Wallace, Roberts and Todd will present the conceptual plans for the southwest area. A packet will be sent out to Council this week in preparation for the meeting. LEGISLA TION SECOND READING & PUBLIC HEARING - ORDINANCES Ordinance 15-99(Amended) - An Ordinance Amending Chapter 32, Sections 32.70 through 32.76 of the City of Dublin Codified Ordinances (Parks & Recreation Advisory Board), and Repealing Ordinance 85-93 Which Established the Child Care Advisory Committee. Vice Mayor Boring noted that an issue has been raised by Council about the need for I "I i ,....ill " ] I ii RECORD OF PROCEEDINGS ~~""~_,,,~w~~_~,_____________Mi!!utes of ~-"--~w_"---""'---""'nc,"",^""w~~"'~""'~$-~~""-'U4---'-~--_u,,,,-~----~ _~eetin.B: Dublin it Council Meetin Page - ,--- 'M_'__~_W~MMW DAYTON LEGAL BLANK CO FORM NO 10148 Held March 1 1999 19 including language in the ordinance about a secretary to the Commission. Isn't this usually assigned to a staff member? r--. Mr. McDaniel stated that a staff member is assigned to this duty, and the language was carried over from an earlier version. It can be deleted. Vice Mayor Boring moved to amend Ordinance 15-99 to delete the secretary language. Mr. Adamek seconded the motion. Vote on the motion - Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Vote on the ordinance as amended - Mr. McCash, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Peterson, yes. Ordinance 16-99(Amended) - An Ordinance Establishing a Natural Resources Advisory Commission and Repealing Sections 32.50 through 32.53 of the Codified Ordinances of the City of Dublin. Vice Mayor Boring noted that the ordinance has been amended in response to a suggestion made by a commission member. The language now reads, "No members shall be appointed from a specific organization or group, however, Council shall endeavor to appoint persons with appropriate expertise". Brief discussion followed. - In keeping with the amendment made to Ordinance 15-99, Mr. Adamek moved to delete the secretary language from Section 8. Mr. McCash seconded the motion. Vote on the motion - Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes. Vote on the ordinance as amended - Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Boring, yes. Ordinance 17-99(Amended) - An Ordinance Establishing a Community Services Advisory Commission, and Repealing Sections 32.90 through 32.95 (Cemetery Advisory Board) and Sections 32.60 through 32.62 (Transportation Task Force) of the City of Dublin Codified Ordinances and Ordinance 91-97 Which Established the Solid Waste Advisory Committee. Mr. Adamek moved to delete the secretary language from Section 10. Mr. McCash seconded the motion. Vote on the motion - Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes. Vote on the ordinance as amended - Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes. ,.-.., ~ Mrs. Boring noted that the first interview session for candidates is set for Wednesday, ! March 10 beginning at 6 p.m. Ordinance 18-99 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, Ff99. Mr. Hansley stated that this ordinance reappropriates dollars left over from 1998 to be encumbered in 1999. Staff is recommending adoption at this time. Vote on the ordinance - Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes. Ordinance 19-99 - An Ordinance Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof to , ! t -:ri7 ,HI ," r T i" ., r'"'' """",'II'-nl".-'w-"""-"",,,n"'I""ft'NTI;l'!ll' '-.I- )':.!-,':"'N'mWt'~Il',~'r.11:.I"H~t'H' t "IUj",,:tlI'l!-::i-,:iml-it I' I I RECORD OF PROCEEDINGS @-~~#M"M__"_Q~_~_"_,_,"_~~~JY!1!lEJ:~~~2t'_d~__~__~~__~~I)Ubrr~dcttvl~t~rrKTeer~~--~~J'5'ru-)d_~~_~~ __ ,,' Meeting u m, Ity ounCI eetmg age ~ ~-~-~~~~~~__#M'_~_Q__~M__# DAYTON LEGAL BLANK CO. FORM NO. 10148 Held March 1 1999 19 Make Service Payments in Lieu of Taxes, and Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments. (Cardinal Health, Inc. - South Campus Incentives) ~ Mr. Reiner indicated that he would abstain on this matter and left the Chambers. Mayor Kranstuber stated that the ordinance is scheduled for public hearing tonight. Several issues were raised by Council at the first reading, and he asked staff to comment on their resolution. Mr. Helwig stated that there were four issues identified by City Council two weeks ago. Staff has meet twice with representatives from Cardinal Health, and those representatives are present tonight. In addition, Jodie Cline, Director of Public Relations for Cardinal Health, is present tonight. The four issues were as follows: 1. Protecting the natural environment. As outlined in the Cardinal Health letter forwarded to Council, Cardinal is very much committed to protecting the Indian Run Creek. There is a good track record established in terms of what they have done on the north side of I-270, and this will be addressed more fully as it goes forward to Planning and Zoning Commission. Staff has included appropriate protection reference in the proposed document. Mr. Smith is communicating with their bond counsel about a conservation easement, and that is something staff will discuss as the application goes through the zoning process. As part of that, Cardinal has offered to acquire the 2.2 acre Rector parcel which will protect public access to the river. Presently, there is little or no access in this stretch along Dublin Road. They would acquire this and donate it to the City at a cost not --. to exceed $175,000 plus carrying costs. 2. Timing of the development of the west campus and south campus. In order to allow adequate time for roadway infrastructure to be in place before adding additional vehicles to the system, Cardinal Health has agreed to extend from three years to four years the period of time for occupancy of any building on the south campus. During that period of time, any new building must be developed to the west; any exception to that would have to come to the City Council for consideration and approval. Cardinal has emphasized that in all likelihood, the focus for their next development will be west; however, they cannot absolutely guarantee that. They have agreed to guarantee it for a period of four years. 3. Delay of filing of the exemption for the south campus until the start of construction. He noted that Ms. Grigsby and Ms. Benjamin have indicated there is no problem in doing this. 4. Development of the south campus would not occur until Emerald Parkway east of Riverside Drive has been completed. Following review with Mr. Smith and after discussions with Cardinal Health, it was the consensus that Cardinal does not have control over the timetable for the development of Emerald Parkway east of Riverside Drive. They do, however, acknowledge the importance of completion of the overall master plan before adding additional vehicles, and that is another reason for their primary focus to develop to the west. At staff's urging, Cardinal recently engaged Barton Aschman and Doyal Clear for traffic study work. Doyle Clear did the Community Plan traffic study modeling, and both Planning and - Engineering are comfortable that whatever comes up in terms of density issues i I through the Planning and Zoning process will be aided by his expertise and his I experience with working with the Community Plan. Mayor Kranstuber stated that four individuals have signed in to speak. Wallace Maurer, 7451 Dublin Road asked for some details about Cardinal Health in terms of their size, their rank in payroll taxes paid to the City, and whether this is their corporate headquarters. Mayor Kranstuber and Mr. Helwig provided these details which were outlined at the first reading. Mayor Kranstuber explained that tonight's ordinance is related to financial incentives, and the next step would be review by the Planning and Zoning Commission. Mr. Maurer asked if any member of Council has been involved in the negotiation process. I ,IT ill .......'. II I,." " , -c- ,~.." ...."..."c'Fun<',.-.......'1'_"'~.'''m''''nUlml ..,.. r., .". ltf.lmXYII':Wll'N..ffi"II'" !~~.:-\~ft:ld1:j.!tlfjt l; I I RECORD OF PROCEEDINGS "~~~_mm~dm_Qm~d'~'d_QmmdmmmmddmmmdMl!ll! te2_d2imdQ_m_~mmdQ~m~mdmd'mdmd~_dd~__~~~md"'_'~~md_m~__~__md~___mdmd~~o- Meeting Dublin City Council Meeting Page mm~~~_~__~__md_Q~_md_m_dmd_mmm DAYfON LEGAL BLANK co.. FORM NO. 1014 ReIcI March 1 1999 19 Mayor Kranstuber responded that staff has negotiated with Cardinal, not Council. Mr. Maurer asked for the name of a contact at Cardinal in case he should need additional information. - Mayor Kranstuber stated that he should contact Jodie Klein in Public Relations. Glenn Martin, Cardinal Health stated that the City staff has done an excellent job of recapping the issues that were raised at the last meeting. He has submitted a letter to Council recapping the issues as well. He noted that Mr. Walter is not able to be present this evening, but asked that his letter be read into the record, attached hereto as Exhibit A. Dr. Claire Wolfe, 5521 Indian Hill Road commented: 1. She does not feel we need to assist this company with incentives. She reviewed recent printouts from S&P andYahoo Financial Pages regarding the excellent fiscal condition of Cardinal Health. They have recently made major acquisitions and are still expected to enjoy a 20 percent annual earnings growth. There are still ranked as a number one buy by almost every brokerage house. 2. The City Manager stated that Dublin is not using tax monies for this project. However, the monies using to incentivize the development would otherwise be in the general revenue fund, and because they are not, other projects in the City will require more and more tax dollars 3. In regard to the Mayor's statement about office use for this property along 1-270, she has observed that very expensive homes, condominium and apartment projects border 1-270 in the Worthington area. She does not believe Dublin needs a 460,000 square foot office building emptying onto Route 745. Her suggestion to ...-..r Cardinal is that they consider buying this property and developing "Cardinal Village" or "Cardinal Commons" - a combination of townhouses, condominiums, and single family homes along the Indian Run. Their employees could then live in Dublin, within walking distance of their offices, saving Dublin from an additional 5,000 cars on the roadway. Mayor Kranstuber then opened the discussion to Council. Ms. Hide Pittaluga stated the following: 1. Since she has served on Council, there has been a focus on balance between economic development and quality of life. If a profile was done of a company that idealizes what economic development would look like, Cardinal Health would be that company. Dublin is fortunate to have this company and it is a pleasure to participate in an incentive package for something so positive. 2. This incentive is a down payment on the City's future that will be repaid many times over. She welcomes Cardinal's recommitment to the community with their expansIOn. 3. Issues have been raised about traffic, and while this is certainly a valid consideration, Emerald Parkway was constructed primarily to accommodate economic development as well as to help the traffic flow in Dublin. The traffic issues will be addressed by carrying out the infrastructure plans for the City. 4. She believes this is an ideal land use for this location. The property will be built ,.......... r out in some manner, and Dublin is fortunate to have this large office complex with i a coordinated look and high aesthetic standards. 5. She hopes that Cardinal continues to grow and to be successful, and that the City can work with them to facilitate their expansion in Dublin. Mr. Peterson stated the following: 1. The financial aspect of this incentive does not cause him a great deal of concern, although it warrants a lot of consideration. This is a short-term expenditure and a long-term investment. . Two million dollars is a significant sum, but when the campus construction is complete, the school system will have an additional $2 million per year in tax revenues. This is in addition to the income taxes that will be paid to the City by this entity. 2. Someone has noted a concern with this incentive package that it will somehow . f '..1": }] ..... 'II ....iI :lC'!i " TTT~ Int'~1~+'tH!'!"i 1"1 I RECORD OF PROCEEDINGS mmmmdmdmmmd~mm~_m'mm~mdm~J~:!~~~m'm2i_d~md._m__~_m~~m~mmdbIillmC--"#mmdMW~_~~md__-"-~<=pa<~~ ,. Meeting Du lin ity Council Meeting age 'md~-~~m~~____mQ.,mm'~mQ~,mmdm_m DAYTON LEGAL BLANK CO. FORM NO. 10148 HeIcI March 1 1999 19 increase the tax burden on the citizens, but he views this as just the opposite. In fact, it will alleviate the future tax burden on the citizens. 3. With these revenues, the capital improvements program will continue as planned. ,--. But if for some reason the financial health of the City declines, the tax burden on the citizens would increase. The City would then have to find ways to generate revenues to complete the capital improvements program. 4. In terms of property tax, this entity will pay property taxes which will reduce the need for additional taxes from the residents. Therefore, the tax burden on the citizens will not increase as a result of this project. 5. His major concern is with the land use. However, the land along the freeway will be developed in some way, and the concerns will be properly addressed at the Planning and Zoning stage. He is confident that the City and Cardinal will be successful in assembling a project which will fit on that parcel which the people can live with. It is a very wise investment for the City to make. Mr. McCash commented in regard to the Rector parcel that he recalls that there was an agreement in place with a previous owner in case their zoning was not approved. Mr. Smith responded that with the proposed Indian Ridge,rezoning, the zoning approval called for the entity to donate that land to the City as green space. If the application was withdrawn or disapproved, the City was to purchase the land at the price paid for it. Therefore, Cardinal is assuming the City's obligation to purchase the Rector parcel, saving the City approximately $200,000. He provided additional detail about the takings case relating to the intersection improvements on 745 at this location. - Mr. McCash asked for clarification - is the commitment to purchase that parcel for $200,000 or for $ 175,000? Mr. Smith responded that the amount is $175,000 plus the carry since the termination of the Indian Ridge rezoning. Cardinal will assume the entire amount. Mr. Adamek stated the following: 1. His comments are related to the revised agreement forwarded to Council after the discussion at the last meeting. He is very pleased with Cardinal's commitment to develop the western campus in the interim which will allow for the City to perform the road improvements and, possibly, for the extension of Emerald Parkway up through Sawmill Road which will help alleviate some traffic concerns. 2. He agrees with the comments made by Ms. Hide Pittaluga and Mr. Peterson. He, too, believes this is a down payment toward the long-term economic health of this community. He is very pleased with the revised agreement. Mrs. Boring stated the following: 1. This is not an issue of discouraging or encouraging economic development, but rather one related to integrating the vision of the community while accommodating the needs of the commercial development. At no time during the - process of the Community Plan did she hear that economic growth should be r accommodated at whatever cost. Commercial growth is not free - it has traffic f impact on the community. The issue is what the community is willing to sacrifice. 2. Council worked with the citizens over several weeks when Cardinal first came to Dublin in 1995. She believes they achieved a win-win solution by working through the land use issues. This has not happened with the current proposal. She does not believe that the Planning and Zoning Commission stage is the appropriate forum for these issues, because P&Z members are not the elected officials. 3. There are too many unresolved issues. The first is traffic impact. This location was tested for a very low density use and a higher density will severely impact 745. 4. Council has made many commitments over the years to protecting the river corridor and to minimize any unnecessary widening of 745. The widening that has I d r il..l ., I Ii.: . T-CY7 RECORD OF PROCEEDINGS mm._mmmmm_'~Qmmmd~mdm'mm~md_mmdMi!1 U tes _2,tm_mdmdm__dmm~m__md'__'~" . ~~-"->~..m~~mmd~~"'MW""""__md""",,",~_":_m~~m~~_~eeting Dublin Cit Council Meetin Pa e 8 m'_~'m~md~mQ' DAYfON LEGAL BLANK CO FORM NO. 10148 HelcI March 1 1999 19 already taken place has resulted in the loss of many trees. 5. The Emerald Parkway bridge was planned ten years ago to provide traffic relief to the 161 bridge. However, with the traffic generated by the additional r--"" development, she predicts that the City will soon need to consider a bridge at Memorial Drive. 6. A concept plan was recently brought to P&Z with a mixed use density. The message communicated in the process was to reduce the density of the plan, add buffering, and provide more protection for Indian Run. This use will not address those issues. 7. At the time of the first Cardinal rezoning, the neighboring citizens to the north negotiated a single family zoning as a buffer to the commercial use. Her question is, what has the City done to protect the home sites that have existed through two or more generations of family ownership at this site? The Mt. Auburn study called for attention to adequate buffering from commercial to residential areas. 8. In terms of storm water management, the City's storm water consultants recommend that waivers not be granted which allow piping directly to the river, and that all storm water management be handled on site. Will Cardinal be expecting a waiver? 9. Council's goal as outlined in the Community Plan and reaffirmed at goal setting has been to protect river corridors, to protect and preserve Indian Run for public access, to protect the wooded areas, and to protect scenic characteristics. The Community Plan lists as an objective preserving a natural forest buffer three times the width of the streams, and preserving the steep slopes. This site likely has shallow bedrock which will make it difficult to develop. She is uncertain how the - City can achieve those goals by allowing an office building of potentially 15,000 , square feet per acre with associated parking. 10. In view of all these considerations, she believes the proposal is totally counter to the Community Plan. In addition, there is a request for a payment by the City of $2.65 million for a proposal which is counter to the Community Plan. 11. The previous agreement constituted a "shared buy-out", but this does not. The previous agreement was to induce Cardinal Health to locate in Dublin as opposed to Hilliard. They have now located in Dublin. 12. The previous agreement had performance levels built in so that the City might realize the gain. If the City pays an additional $2.65 million to the already committed $1.75 million, that would translate to giving more than 15 percent of the City's current budget to one company. 13. Regarding the TIP, the Mt. Auburn study notes that the government is typically repaid in less than 5 years. This company has already been granted a very sizeable TIP. With a TIP, there is no cost difference to the developer for a TIP or direct City financing of infrastructure. Property taxes are the same in both cases. The difference is in which government entity bears the cost, and the fact that an entity which needs extra funding will go to the voters to request an increase of property taxes. With an additional TIP, the government entities of library, fire services, and emergency services will forego their share of real property tax for 26 years. 14. Dublin has already given this company a grant of $1.75 million and a huge TIP. What has Dublin done for other corporate headquarters that have paid their fair - share over the years - companies like Ashland Chemical and OCLC who have also I f constructed office campuses? Council is setting a dangerous precedent here. 15. . The City would not allow a shared development at Shawan Falls because the public wanted access. Yet, now the City is handing over the Indian Run creek with no connection provided. 16. She suggests that Cardinal look for another site to accommodate their expansion, perhaps across the river. 17. In summary, this is being rushed through, and it violates the Community Plan in terms of density, traffic, protection of natural areas, and storm water management. The additional TIP has too long a payback period, resulting in a potential extra real estate tax burden for homeowners. The land buy-out is not shared, and the amount is too high. This is not in the best interest of the City, and the issues have not been addressed satisfactorily at this time. : . I 'FT rlT 'II ,I,;! "I "" /iiUlilllliil :1 ] I:. , ' .' RECORD ,OF PROCEEDINGS d~_mdm'_mmdm'~'_~d._,,_.m~mdmmdm,,~~Mi!!~t~~_2t~"m'<d~'mdm"dm~'m_mdm_mdm'-MWd~mm"'-~~_~b~~"""""'m~bmmd'~'~~<m'~_."~m_mm~_""""md_~""",,",m#m,_ME:t~LI!J:r"w"_Qm_'~~'d Dublin Cit Council Meetin Pa e 9 DAYTON LEGAL BLANK CO FORM NO 10148 HelcI March 1 1999 19 Mr. McCash commented as follows: 1. He has struggled with this from the beginning. While he does not have a problem with the TIP agreement because the funds are being used for a public purpose - within the right-of-way, he does have concerns with the inducement of $2.6 million. This is probably the largest inducement the City has ever given for any business in Dublin, particularly for an established, existing business. 2. The City has experienced $3 billion in commercial development in 1998, and yet school levies and social service levies continue to come forward to the voters. Where is the money to be made up in social services when the City enters into TIP agreements? It seems to be in additional social service levies,fire and other service levies from the township. 3. Council recently held goal setting sessions, and the consistent thread throughout the goals is to preserve, protect and acquire river and stream corridors, protect green space, and protect the rural character of Dublin. With this proposal, Dublin is giving up tax dollars and not protecting the Indian Run stream. The Rector parcel is but a minor item in the big picture. 4. If the TIP doesn't occur, two things can happen: Cardinal will not do their expansion, the City will have saved $2.6 million, and someone else will develop the site; or Cardinal will do the expansion without the incentive, and the City will still receive the income tax dollars. He believes that protecting and maintaining the quality of life in Dublin is one of the most important things, if not the most important consideration. He cannot envision this intense use which will have a tremendous traffic impact on 745. Further, to induce this development with $2.6 million is something he cannot support at this time. ,..- 5. In summary, he has no issue with the TIP but rather with the inducement portion of the proposal. Mayor Kranstuber asked for clarification about the density for the future buildings and the phasing plan. Mr. Helwig responded that what they have applied for in the concept plan is up to 432,000 square feet. A pedestrian linkage has been constructed for the next buildings on the west campus which already have zoning approval as part of the PUD. What has been submitted in their renderings for the west campus are three 120,000 square foot buildings. The existing building is 363,000 square feet. Mayor Kranstuber stated that many of Mr. McCash's and Mrs. Boring's issues will be addressed in the zoning stage. What Council is voting on tonight then is incentivizing the development of the south campus with up to 432,000 square feet in office buildings. Mr. Helwig added that Cardinal's desire is to accommodate their future growth by land- banking for future campus development. The option Cardinal holds on the south campus land has two conditions: successful negotiations of incentives with the City and expeditious rezoning. Mayor Kranstuber commented as follows: 1. He does not have an issue with the TIP, it is simply reorienting public funds toward the public improvements that would have been built with tax dollars anyway. 2. His concerns are with the incentive of $2.6 million dollars. He is not ready to support this. Perhaps the City could acquire or obtain an interest in land in exchange for the incentive, or perhaps the incentive amount could be reduced. 3. He has not received much community opposition to this, nor support for it, although some feedback from attendees at the State of the City was that this is a responsible use of City monies. 4. In relation to the cash stream created by this development, he agrees that the incentive amount is not out of line. The tax revenues are important to the Dublin Schools and the City, and for this reason, he is struggling with the decision. 5. An unresolved issue remains that the City has not done incentives at this level for any other companies. 6. The issues raised by Mrs. Boring will be addressed at P & Z. This is freeway . I ,t! .!lI i"'. iIL!~Hl:!!till I Ifl~"'!(llH~+~ :i~til1i~ l' d' I RECORD OF PROCEEDINGS Minutes of VublmClty CouncIl Meeting Meeting Page 10 DAYTON LEGAL BLANK co. FORM NO. 10148 I I RelcI March 1, 1999 19 I i frontage, and under standard economic development analysis, where this type of I I development should be. 7. In summary, he is basically supportive, but struggles with using public funds to ,...-.., , this extent to incentivize the project. He is open to suggestions from the other . Members of Council about the next course of action. Mr. McCash asked if it would be possible to separate the TIP from the inducement package, and to vote on the TIP portion while holding over the incentive package for further discussion. Ms. Benjamin, special bond counsel responded that the ordinance that is before Council tonight authorizes both, so it would require amendment. Mr. Hansley noted that the size of the revenue stream anticipated from Cardinal justifies the size of the incentive offered to them. The payback period is similar to others brought to Council. The payback on the first Cardinal incentive occurred earlier than anticipated due to their growth. Staff is recommending this incentive because of the potential for future development and revenues. All of the monies are not paid up front, but are split into four payments and tied to performance levels. The $2.6 million becomes $2.4 million with the $200,000 land donation of the Rector parcel to the City. Mr. Peterson added that there is the time value of money factor in these calculations as well. - Mr. Hansley noted that the City has incentivized many large companies in Dublin that 1 , have requested it, including Ashland, Nationwide, and Frigidaire. These inducements r have taken different forms and have been tailored to the individual company's needs. The City has not, however, given tax abatements. The size of the inducement is related to the potential revenues. Mr. McCash stated that he and many other residents would like to spend $2.6 million over the next three or four years to buy parkland which will add to the quality of life of Dublin. Mr. Hansley responded that the monies the City has expended to acquire parkland have come from the income tax revenues produced by companies like Cardinal Health. Once the $2.6 million is repaid, the City will continue to collect tax dollars in the future which can then be used for parkland and such other projects which enhance the quality of life. Ms. Hide Pittaluga emphasized that this is the only Fortune 200 company headquartered in Dublin, and for that reason, they are unique. Mayor Kranstuber asked if there would be any adverse impact in delaying the decision for two weeks. !"""-, Mr. Helwig stated that if the alternative is a "no" vote, he would assume that a two week Ii delay would be acceptable to Cardinal. , H Mayor Kranstuber stated that it is important to have as many Council members as possible support something of this magnitude. Ms. Hide Pittaluga pointed out that some statements made tonight were not entirely factual and accurate. It is important that these are cleared up, for the benefit of the reporters and the community. Mr. Adamek noted that if some members of Council are not comfortable with the inducement, he would like to know what they would propose as a course of action. Mr. Hansley asked for clarification about what additional items the majority of Council I ',J i ill I I T : "" "'~"": ":""'''''.-','' "'f RECORD OF PROCEEDINGS ."w"~"'m'''"'~'~''~dmdW''mmd''md_''dm.~~i~gl!t~~mmd~{~dw_m'mmmd"~~Wm~md'~_md~md~_~~mm_~~~'d''':""",,~ '. ..,. ". .. .,.., '. ,., Meeting ~.-#. '. ,'. -.w~~~"'MW""MW_=>W,w",,,MW_~'-Q. ~_M<w." Dublin City Council Meeting Page 11' mmm ~--~_ff_@~__'mW~_''''"w'm''m'mdmd~ DAYTON LEGAL BLANK CO.. FORM NO. 10148 HelcI March 1 1999 19 would like staff to work on. He noted that an additional consideration for Council is whether another suburb would be willing to incentivize the expansion to this same level. - Mayor Kranstuber agreed that this is a valid consideration. , \' Mrs. Boring stated that Council had requested ownership and protection of the Indian Run stream, and that's not what is contained in the agreement. Mr. Smith responded that what Cardinal agreed to do to protect the Indian Run. This will be done with a conservation easement that will provide the City everything but access. Cardinal is not willing to allow the public onto their private property for security reasons. Discussion continued. Mr. Adamek pointed out that OCLC has not allowed the City access when they have been approached about this issue. Mayor Kranstuber commented that it would be a nice gesture for the public expenditure of $2.6 million dollars. Mrs. Boring suggested that a shared purchase agreement for the land may be an option, with the City paying 50 percent and Cardinal 50 percent. Ms. Hide Pittaluga stated that if Council wishes to discuss land acquisition, they should ,- adjourn to executive session. Mr. McCash noted that it is not necessary because there has now been public discussion. Mayor Kranstuber noted that the Community Plan called for access and preservation of the creek from Old Dublin northward. Ms. Fierce agreed that preserving and acquiring as much of the creek and natural areas as possible is a significant part of the Community Plan goals. Mayor Kranstuber moved to table Ordinance 19-99 until the March 15 Council meeting. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes. Ordinance 20-99(Amended) - An Ordinance Amending Certain Sections of Ordinance No. 98-96 ("Compensation Plan"). Mr. Harding commented that the cover memo provides details about the ordinance. There are four objectives as outlined in the memo: 1) to slot the new positions approved in the 1999 operating budget into the proper pay grades; 2) to regrade certain job classifications based on review; 3) to make adjustments to the pay ranges within the pay structure as is - done on a bi-annual basis; and 4) to allow greater flexibility to the City Manager in terms J of awarding merit pay increases. Currently, there is a cap of 5 percent on merit pay J 1 increases and there is no deviation allowed. Staff is recommending that, under certain i circumstances which are clearly in the best interest of the City, that the five percent cap be waived and the City Manager be given more flexibility. There were no questions from Council. Vote on the ordinance - Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Adamek, yes. Ordinance 22-99 - An Ordinance Accepting the Lowest and Best Bid for the Printing of the "Recreation Services Program & Activities Brochure" and Authorizing the City Manager to Enter into a Contract for Said Printing Services. Mr. Hansley stated that staff has provided a detailed memo. Staff is recommending adoption at this time. I Ii :.11, ...,. 'lil:lidUUI ""''''''1' I I , ': ;';,JI;;:"ff..'Tr'"f'1 "W',I:;!H1"JI:I!'IlW''JN!'I:ti\ltl'';' ',-"'!ttItlJ'I't'W!WII~HtUuk+lih";jUhhijii"'+ I, RECORD OF PROCEEDINGS "ddOQm~dmmdmmd__~mdmmd'<d__m'mmmd!'(.fi:9Em!~LQ:t~<_mQ__mdmd_~'mmdmmmd~_mQmmdm~hmd""""Qm__._;~'-W~dMWm,_m~__.Jm~'~mmQ~ Q . . Meeting Dublin City Council Meeting Page rr~mmmd~_Q--md~_~~m~mdm_md~<"Q".~mmdQ'md_"m_. DAYTON LEGAL BLANK CO.. FORM NO. 1 14 ReIcI March 1 1999 19 Vote on the ordinance - Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. -- Mr. Reiner returned to the Chambers at this time. Ordinance 23-99 -An Ordinance Accepting the Lowest and Best Bid for the Printing of the Inside Dublin Newsletter. Mr. Hansley stated staff is recommending the low bidder as outlined in the staff report. Staff is recommending adoption at this time. Vote on the ordinance - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes. INTRODUCTION AND PUBLIC HEARING - ORDINANCES Ordinance 25-99 - An Ordinance Accepting the Lowest and Best Bid for Dublin Community Recreation Center Phase II Fitness Equipment. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that a staff report was provided to Council, and Mr. McDaniel is available to respond to any questions. There will be a second reading and public hearing at the March 15 Council meeting. Ordinance 26-99 - An Ordinance Authorizing the City Manager to Enter into an Agreement with the Ohio Department of Transportation to Finance the A very- Muirfield Drive!U.S. 33 Interchange Improvement Project Through the State Infrastructure Bank Program, and Declaring an Emergency. - Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated that the adopted 5-year CIP includes construction of the A verylU.S. .. 33 interchange this year. The intent has always been to finance the project over a period of 15 to 20 years. Ohio recently was selected to be one of eight states to have a state infrastructure bank program. Dublin submitted an application earlier this year, and was recently notified of approval for the program. In summary, the project will be financed through the state program, saving the City approximately $500,000 over the term of the debt. It will also preserve the City's voted debt authority for future projects. Staff is recommending emergency adoption in order to continue to work with the state on the processing of the final terms prior to award of the construction contract. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the public hearing. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes. Vote on the ordinance - Mrs. Boring, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Reiner, yes; Mr. Adamek, yes. Ordinance 27-99 - An Ordinance Approving a Tax Credit Agreement with Opticon Medical, Inc. and Authorizing, Confirming and Ratifying the Execution of that Tax ~ Credit Agreement. I ! Mayor Kranstuber introduced the ordinance. Ms. Bearden stated that this ordinance relates to the company which wanted to relocate their corporate headquarters to the Pharmacia complex last summer. Council at that time initiated a zoning amendment for that parcel to allow office and research use such as this. They have since moved their corporate headquarters to Dublin, but left some of their operation in Minneapolis. Because of the availability of facilities which will allow for research and development functions to be housed at a later date, they have chosen to move their entire operation to Dublin and are asking the City to participate in the state's job tax credit program. This would involve a 50 percent allowance on the corporate municipal income tax. Mr. Hansley clarified that the City has executed one or two of these in the past which .' I ill :II 'I'I Ii" ' '.,. l':~'"""""1'-"'lr$,I','V""f1"1'~~I~1!f~"lI$'~f ~,'?l,t '., i'" '''';'It'l'lllnl'11:'t~' ~ ,',"1 t~j,; I'" RECORD OF PROCEEDINGS ~~ ~~~~.......,..... .....,...... ...' .M~tins Dub in ity Council Meeting. '-@dpageT3"""mm_~m~_~~m~_#_m_--MWMW"M~'''_Q~''#.dmdmm. DAYTON LEGAL BLANK co., FORM NO 10148 HelcI March 1 1999 19 involves waiving of income tax on future corporate profits, not withholding tax. The intent of this type of legislation is to allow the company to receive credit on their state income tax. ~ Ms. Bearden noted that emergency action is not being requested. There will be a second reading and public hearing at the March 15 Council meeting. Ordinance 28-99 - An Ordinance Approving a Tax Credit Agreement and Economic Development Agreement with Checkfree Corporation and Authorizing, Confirming and Ratifying the Execution of Those Agreements. Mayor Kranstuber introduced the ordinance. Ms. Bearden stated Checkfree Corporation purchased the former Frigidaire facilities of 150,000 square feet and renovated the facilities. Checkfree has moved their entire Ohio operation to the City of Dublin, and presently has more than 800 employees. This agreement provides that the City make a $50,000 payment annually to them for up to $250,000 to reimburse them for the generator installed to accommodate their electrical equipment. It also allows them to take advantage of the state program for job tax credit. There will be a second reading and public hearing at the March 15 Council meeting. OTHER Final Plat - Westbury, Section 2 Ms. Fierce stated that this subdivision is located south of Brand Road and this phase ,..-, includes about 19 acres. The record of action indicates 15.7 acres were rezoned, but the application has brought in slightly over 3.5 acres in additional parkland. The development is zoned PLR, and this phase includes 24 single family lots and just under 4 acres of parkland. The Planning Commission reviewed and approved this final plat on January 7, 1999 with 23 conditions: 1) That all adjacent parkland, to tne centerline of the North Fork of the Indian Run, be dedicated with this section; 2) That the temporary access easement to the Edwards' property be shown on the plat and remain in place until permanent access is provided; 3) That the site fully comply with the Tree Preservation ordinance; 4) That a 25-foot no-build zone be added to rear of Lots 8-18; 5) That the lO-foot utility easement along the south side of Lots 25-30 be relocated (outside the no-disturb zone), and that all utility boxes be located as unobtrusively as possible from public view, to the rear of each lot (outside the no-build/no disturb zones), to the satisfaction of staff; 6) That the park land be clearly identified on the plan (renamed from "open space"). It needs to be dedicated to the City by warranty deed with the recording of the final plat with recording fees paid by the developer; 7) That a tree preservation plan be submitted, before completion of construction drawings, outlining the areas of no-build/tree preservations and proposed lot lines, utilities, easements. Adjustments may be required to preserve trees; ,,- 8) That 25-foot no-build zones be provided along the rear of lots which abut the ' , I . ~ southern park area (Lots 285-287, and 290-291), lO-foot no-build zones be provided along the side yards of Lots 284, 285, 94 and 95, and the no-build zone on Lot 115 be enlarged from 10 to 20 feet; 9) That the bike path along Tullymore Drive to Brand Road be concrete, that bike path easements be provided between Lots 51-52; 58-59; 79-80; 16-17; and on the west side of Lot 76 (or as resolved by staff), and that a bike path be installed along the entire Brand Road frontage to the east property line, with all paths to be installed when the streets are constructed; 10) That a note be added to the plat providing that each house (living space) shall be located within a single county; 11) That a buffer plan be provided for the lots which abut Brand Road, including mounding and landscaping, before the final plat is submitted; f 'd I lid. I . d;JllrlJ Ii: I I 1'.: .,.,'T .,'.' .n,;.,,., :('."-.,nu'!.I)-a:m"!.l'I;n:.'1!'l1 ::: ! ., .;!:: lH,111J'1.,'t.JP'''';'II':''11;~ti~.;-- !111'~IllI;IF~<;;itll::-Jj t-J RECORD OF PROCEEDINGS w"mwwwwwm,wwmwww'mdm,wwmd.w'mwmdwmww'mML:r:!~~.:?_9f W~~md'mw~WWmmdmdWmmWWd_mdmmd__mm__~wmm~w_~~W'-.w'w>",""""",mm-":,~' . Meeti~ Dublin City Council Meeting ~PageWI4mw~.md_md'md~_~mmd.~_~wmm.--,--wwww'm__mwwdmw~ DAYTON LEGAL BLANK CO FORM NO 10148 HelcI March 1 1999 19 12) That fencing restrictions and side yard and rear yard requirements be provided on the preliminary and final plats; 13) That Blayney Court be renamed Monaghan Drive, consistent with Wyndham - Village Section 4, Phase 2; 14) That access for the Edwards' one-acre parcel be relocated to the eastern approach as approved by staff; 15) That all floodway, floodplain, and floodway plus 20 feet information be indicated on plans (including building permits), and lots be redrawn if needed in accordance with FEMA regulations; 16) That all pavement, rights-of-way, utilities, storm sewer management, cul-de-sacs, vertical alignments and street geometrics, including the bridge across the North Fork of the Indian Run, be designed to the satisfaction of the City Engineer; 17) That storm water management basins be located outside the 100-year floodplain and approved by the City Engineer; 18) That "no-parking" areas" be designated along all 28-foot streets on all plats, plans, and building permits; 19) That drop structures and pipe be installed along Brand Road for the length of this development, if necessary, to avoid a deep ditch that is difficult to maintain and dangerous for motorists, and as approved by the City Engineer; 20) That the boundaries of the electric and phone company service providers be shown on the final plat; 21) That a meeting take place between the applicant and staff to establish criteria to achieve housing diversity with the results to be presented to the Commission for review and recommendation prior to scheduling this final plat for review by City ~ Council; 22) That a revised plat be submitted incorporating all conditions within two weeks; 23) That all conditions be met prior to scheduling this final plat for review by City Council. Ms. Fierce noted that most of these conditions were carried over from the previous preliminary plat approval, and only the first five conditions are new conditions imposed specifically in relation to this plat. Staff is recommending approval. In response to Mrs. Boring, Ms. Fierce stated that all of the conditions have been met. Mr. Reiner asked if all of the parkland is located in the flood plain. Ms. Fierce responded that it is. The overall park plan calls for acquisition of all of the acreage along Indian Run creek. Mr. Reiner suggested that in the future, the City request parkland that is usable. Ms. Fierce responded that this item is negotiable within the planned districts. Mrs. Boring moved approval of the plat with the conditions of Planning & Zoning Commission. Mr. Adamek seconded the motion. n Vote on the motion - Mr. Reiner, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, '. yes; Mr. McCash, yes. Council Round Table/Committee Reports Mr. Adamek: 1. Requested that discussion of the current Committee assignment list be added to the agenda for the next Council meeting. Mr. Adamek moved to add this item to the next Council agenda under "Other". Mrs. Boring seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes. 2. Noted that a memo was forwarded to Council regarding the 1-270 construction and possible 745 closing. He asked that staff continue to monitor this situation to . . ~ ..'11 I. .ilt ".i Iii I ,I i. . ^ , . ;"'~'."" :UI;-,,,': ~,","""'Y,'\fl~~1l!}II '" r 'T. ~l~'I~WI:'+:""::!"lr'.' .lnHI :'i RECORD OF PROCEEDINGS 'w"<<~"m~md__mmd"'m~'_m~'m"md,MjEll t~~m~?f "~md"~__md""ffm~""dmd~DU5Iin"t;ity C'ouncTI1;Teet[ng """"""'~~geT)"---m--MWmdmmw_m,,_,_,,_Mee!!~gm'''~''''_<<hm''H'' DAYTON LEGAL BLANK CO., FORM NO. 1014 , ReIcI March 1, 1999 19 ensure that this closing does not take place during the daytime hours, if possible. Mr. Helwig responded that staff is monitoring this closely. 3. Asked the Law Director if he has any comments regarding the discussion which .- took place at the CouncillP&ZIBZA dinner on Wednesday, February 24. Mr. Smith responded that he will seek further direction from Council on several items, but prefers that all Council members are present for this discussion. Mrs. Boring: 1. Complimented Council members for their efforts at goal setting which were critical to its success. 2. Reminded Council members about the Wednesday evening Leadership Dublin seSSIOn. Mr. Adamek indicated that he has a family commitment and will be unable to attend. Mrs. Boring indicated that she will not be attending, and Ms. Hide Pittaluga will be out of town. Mr. McCash, Mr. Peterson, Mr. Reiner and Mayor Kranstuber indicated that they will attend. Mayor Kranstuber: 1. Stated that he met with Willow Grove residents at a recent civic association meeting. They have concerns about the increased volume of traffic on Coffman Road which causes them difficulty in exiting the development in the morning hours. They have requested that the City institute a "no right turn on red" from 7 ..--. to 9 a.m. from westbound Post Road, turning right (north) onto Emerald Parkway. Mr. Helwig stated that this can be instituted on a trial basis. Previously, staff had done something similar and it caused traffic back-ups, particularly in the evening. Mayor Kranstuber moved to have staff institute on a trial basis a "no right turn on red" from 7 to 9 a.m. from westbound Post Road, turning right (north) onto Emerald Parkway. Mr. McCash seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes. 2. Asked Mr. McDaniel to respond to a letter he received from John Guy regarding concerns about Ameritech. Mr. McDaniel stated that he received a copy of this letter and visited the site today to look at the easements on the property. He will respond to Mr. Guy by letter and copy this to Council. Ms. Hide Pittaluga: 1. Distributed to Council members a copy of the history of the Hopewell Indian Mounds. She suggested that this be added to the file on this exceptional resource located in Dublin. 2. Reported that she has provided copies to Council tonight of the City of Upper Arlington's Leave Donation form. This is related to the issue she recently raised ~ about the possibility of establishing a sick leave pool for employees. Mr. Hansley responded that the Personnel Division and Legal Department are working together on this matter, and hope to have a report to Council at the next meeting. He added that a good feature of Upper Arlington's policy is that it requires that employees donate other types of leave prior to donating sick leave. The negative aspect of this program is the impact on the City's budget in that sick time actually reverts to the City at the time of retirement or resignation. Mr. Harding is currently in negotiations with the FOP and expects to receive a proposal from them on this topic. Therefore, staff may delay bringing something to Council until after the proposal is received from the FOP, due to its potential impact on that negotiation. 3. Noted that she understands that additional work is being done on the sign code at a subcommittee of Planning & Zoning Commission. This legislation was reviewed by the Community Development Committee of Council and then : .. I H I < ,Ill ;,. itl,',Ltl,L.k I"i,,~..n I I ! >1 'f .;.' "-'7""","" 'I'T)I"V".'l'.....Nl<<'mrnt'f'Tt:~~i-',..S ~t:'!i:m"'l't'II-"'!'<II;,:-ilWi:'ILI W'~~ft,ht',~hfh: i' ,I I RECORD OF PROCEEDINGS ~~c .~cc~~cMeeting Dublin Cit Council Meetin Pae 16~~-~md~~~mmmmdm~__w~ ~mm",,,m~,,,,,,,,,,, DAYTON LEGAL BLANK CO" FORM NO. 10148 ReIn March 1 1999 19 referred to Planning Commission for recommendation. She did not envision that the entire ordinance would be reworked at the P&Z subcommittee level. She suggests that a report be brought back to Council on its status in order to review ~ any proposed revisions before further work is done. Mr. Reiner agreed with Ms. Hide Pittaluga. If Council and its Committee work on legislation, why would it then be redone at a subcommittee level of P&Z. Mr. McCash responded that the ordinance was referred to Planning and Zoning Commission, and some issues arose related to the development process with which the P&Z members are more familiar. P&Z will make a recommendation to Council on this ordinance similar to any other change proposed for the zoning code. At that point, Council can accept or amend the ordinance. He cautioned Council about the precedent it would set to take something back fromP&Z prior to receiving their recommendation. They are the representatives of the community who work closely on various issues of development. Ms. Hide Pittaluga emphasized that the process seems backwards. Procedurally, the need for all of these revisions should have been brought to Council's attention. Council could then have decided whether they wanted P&Z to continue to work on the revisions. Mr. McCash emphasized that any Council members are welcome to attend the meetings of the subcommittee as they work through the ordinance. Discussion continued. ~ Mrs. Boring stated that she has no issue with the process - this is what has been established and followed in the past. The Committee work provided direction to P&Z which was helpful in the process. Mr. McCash responded to Mayor Kranstuber that the ordinance will likely be brought back to Council in April. Discussion continued. Ms. Fierce noted that something of this magnitude affects many businesses in town. The Planning Commission struggled with it extensively and felt it was better addressed at a subcommittee level. Ms. Hide Pittaluga continued: 4. The draft noise ordinance was referred to the Public Services Committee, and she would like to set a meeting date. Following brief discussion, the meeting was set for Monday, April 26 at 6 p.m. 5. When the Emerald Parkway bridge construction is completed, traffic will increase on Bright Road. She is concerned about the safety of cars entering onto Riverside Drive south from Bright Road and asked about the possibility of a signal. ...- Mr. Hansley responded that there will be a new signalized intersection at the bridge. ! l Having another signal close to Bright Road will likely stagger the traffic on Riverside and make it easier to enter. Staff will continue to monitor this. 6. The tentative date for the dedication of the Jack Nicklaus art project is June 2. She asked that everyone mark their calendars. Mr. Hansley stated that the date is tentative at this point. Discussion is still taking place about whether this will be a public dedication or by invitation only. Mayor Kranstuber asked for confirmation that Community Relations will be coordinating this event. Mr. Hansley responded that this is a joint project, but the City will take the lead in the planning of the ceremonies. 7. She departs on Wednesday for the National League of Cities conference in Washington. If there are any issues that Council would like her to raise with the ! . I H ! ':11+ ,',. " ",,'~IIHI lii!:1 , : "~'l' .".,,,',....;-,.,,, '.~..'.""--,V-.."'~'~..'''''i''I'l.:'!.Pj --.': I", ..,. 'n'IlW~--f.-,JlYI"lW,j~Ii!;;H...; .!~r')!l1I:IV):.:-fl'f:;t; !':1 RECORD OF PROCEEDINGS ....... .....M~~ Dublin Cit Council Meetin PaeT7m_'~mmmd~m__~__~md~~~m_mmm_m ~Qmm"_"<m._"", DAYTON LEGAL BLANK CO., FORM NO, 1014 ReIn March 1 1999 19 legislators, she asked that they notify her by fax tomorrow. While at NLC, she will attend the meeting of the Public Safety and Crime Prevention Policy Commi ttee. Mayor Kranstuber asked if Mr. Smith needs further clarification regarding the direction given at the Council/BZAIP&Z dinner. Mr. Smith responded that there were six items on which he would like further direction. 1. Under the present Charter, the Board of Zoning Appeals hears appeals for set- back variances and things of that nature. It is his understanding that Council wants Planning and Zoning to hear those appeals for PUD's. This can be done. The appeal process for variances can be delegated to P & Z . Mr. McCash explained that the discussion was that for PUD's or PCD's, Council's desire is that Planning and Zoning Commission hear those variances. In the case of straight zoning districts, variances would be heard by BZA. Mr. Smith explained that, under the Charter, the Board of Zoning Appeals presently has the obligation to hear those variances. But it is not exclusive, because the Charter was written to allow Council to assign other duties to P&Z. Staff will draft the ordinance to make this change. Ms. Hide Pittaluga asked how this would be viewed by the applicant. Mr. Smith responded that they will likely believe that their appeal process has been taken away, since the same body that hears the case is now the appellate board. - Mr. Reiner stated that his recollection of the discussion is that BZA is not aware of all of the negotiations which take place, so BZA is more apt to approve variances which should have been considered at the P&Z stage. Mr. Smith emphasized that Council has the right to have P&Z decide these variances. He cautioned Council that the legislation will involve taking away the authority on these variances from BZA and giving that to P&Z. Mr. Reiner moved to have the Law Director draft the legislation as discussed. Mr. McCash seconded the motion. V ote on the motion - Mr. Peterson, no; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Motion carried. 2. Council indicated their desire that the Law Director prepare an ordinance pursuant to the recommendations in the Community Plan designating that the scenic roadways designated as such in the Plan shall have a 200-foot setback imposed upon them. Mr. Reiner moved that the Law Director draft this legislation. ,--. Ms. Hide Pittaluga seconded the motion. , i ! f I Mayor Kranstuber asked if this would be a temporary ordinance. Mr. Smith responded that this would be a permanent setback ordinance on the scenic roadways of 200 feet which would be codified. Mayor Kranstuber asked if Council would still have the ability to adjust the setback in certain cases. Mr. Smith responded that some entity will have to hear such a variance. His understanding is that Council wants to be the body which can grant such a variance. Mr. Peterson stated that his concern is with ensuring that people are given due process. Assuming that these laws are enacted, due process will be taken away from the - ''--1'''1 ", " "r'~::~tt'l"li~"~I~!p>".'l!~l~I'fIl~"m.~H~m . '.' !,~" Il'W~l"t'~ll..tk,JlJr'lfII~iU_i 11I<.,fllW,,,'m.m'j' l, 1 .1 RECORD OF PROCEEDINGS w""Mmwm'mm'm~mQ",@um,uQmu_UQmWUdmu~M,~!! U !~~m_qimd'm,u_"'<~"'dUUmd~_'_d_m'm_mmmd""_md"m<mdU_mUmd~mdU#u'_md'm'u_~wmm_._~._mduUmdmdm'mmdmQ'm<mQumu~mm___'umm__,~u____MeE::!ti~uH m Dublin City Council Meeting Page 18 ,'Ow'O ",,,,mumw,,, DAYTON LEGAL BLANK co. FORM NO. 10148 ReIn March 1 1999 19 applicants. He recommends that Council instead direct BZA not to grant variances except for the one percent of cases where it makes sense. The hearing should still take place at BZA. If this due process is taken away, the applicants will go to court and claim "......., that there is no appeal process in place and therefore, their right to due process has been violated. Mr. McCash stated that he was one of two members who felt that the setback issue involved a "takings". Others did not feel that way. In any case, the public will have an opportunity to testify on the ordinance when it comes before Council. Ms. Hide Pittaluga noted that she agrees with Mr. Peterson, but the bottom line is that Council wants to preserve the scenic roadways. Mr. Reiner noted that there are areas which are already developed for which the 200 foot setback cannot be enforced. For areas which are not developed, there is still an opportunity to maintain the rural character as was mandated in the Community Plan. He agrees with Mr. Peterson about the legal aspects. But there is no other way to accomplish this other than legislating it. Mr. Peterson stated again that his concern is with the process by which the end result is achieved. In response to Mrs. Boring, Mr. Smith indicated that he has written two memos to Council about the "takings" issue resulting from this action. ........ Mr. Reiner called the question. Vote on the motion - Ms. Hide Pittaluga, yes; Mr. Adamek, no; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, no; Mrs. Boring, no. Motion carried. 3. Is it Council's desire to have a codified ordinance that the maximum density on commercial office space on freeway frontage land shall be 17,000 square feet per acre based on current data available, and that this will be an interim ordinance while Council either commissions a further study to determine the relationship between traffic and density, or reviews the current studies that might be available from the Community Plan. Mr. Smith noted that clarification is needed on whether this would apply to 1-270 frontage only and not US 33. Mr. McCash stated that the issue that came up is the way in which the Community Plan traffic models were done. When the Community Plan was adopted, further study was to be given to evaluating particular areas along 1-270. Another issue which has come up is that the parking lot ratios are now 4.5 to 5 cars per 1,000 square feet versus four. The model at 17,500 was based upon four cars per 1,000 square feet. Mr. Smith stated that the ordinance will be an interim step pending further review of traffic density issues. He suggests six months. ~, Mr. McCash stated that another issue identified was if 17,500 was to be an average density, with 20,000 and 15,000 allowed in different places, or whether 17,500 was the absolute maximum in any case. Mrs. Boring suggested that Council limit the density to 17,500 until the traffic density issues are examined. Mayor Kranstuber commented that Council has control of this in any case, as they can disapprove a higher density. Mr. Hansley noted that at a policy session with P&Z at Wedgewood, Council indicated that the 17,500 density was an average - that Council would allow some higher and some . .. ,X'''.1,,'I<'T;;:J-~H';I<W'iT:'I1'':rWl<m~''!Il'~n'1'1111 ;.; ,'" ,n.llWF'Ir"lP.:'1;;II",!-r4ij;,If'-;-"IIII:;iQ_f7.~:.'rMt"1' 1;.1 , RECORD OF PROCEEDINGS ~_'m_m'm#~md~.md~<md#mdmd#m~<~ MjE.!::!1~~~21md#mmd~~~~d#md~_<m<mdm#~#d~#m~_'mmd'md~#~m_~_m#m_mmd~md'm~<_~m~mdmdmm_mdmmdm~~md~_m_'md~'md__~m_'_<m~#'~mdm_~d~~~ Me~!'~[~M'md._m,mm#m,~ Dublin City Council Meetin~ Page 19 DAYT N LEGAL BLANK co. FORM NO. 10148 HeIrl March 1 1999 19 lower. The multi-family density was concrete, but the commercial density was to be flexible. ~ Mr. Adamek suggested that the traffic models be run again to provide good data for resolution of this issue. Mrs. Boring move to have the Law Director draft a resolution on maximum commercial density for an interim period of six months. Mr. McCash seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes. Motion carried. 4. Does Council want staff to draft a companion ordinance dealing with step-down commercial density from 8,000 to 10;000 square feet per acre for non-freeway frontage located along US 33 or other areas as specified? Mr. Smith suggested that this be implemented for a six-month interim period as well. Discussion followed. Mr. McCash moved that the Law Director draft this legislation using the higher number of 10,000 square feet per acre. Mr. Adamek seconded the motion. Ms. Hide Pittaluga indicated that she is not prepared to vote tonight without more - information from staff. Mayor Kranstuber agreed. He doesn't wa~t to pull numbers "out of the air" without understanding the impact. V ote on the motion - Mr. Reiner, yes; Ms. Hide Pittaluga, no; Mrs. Boring, no; Mayor Kranstuber, no; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, no. Motion failed. 5. Discussion took place at the joint meeting about modifying the lot coverage on commercial development from 70/30 to 60/40. Would this be an interim or permanent measure? Mr. McCash responded that it would be permanent with the goal of obtaining more greens pace, similar to the Metro Center developmertt. Mr. Reiner moved to have the Law Director draft legislation modifying the lot coverage on commercial development from 70/30 to 60/40. Mrs. Boring seconded the motion. Ms. Hide Pittaluga asked if there will be problems from a legal standpoint with this change. Mr. Smith responded that he does anticipate problems from both the 200 foot setback and from the lot coverage change. They are probably manageable, however. He is not certain r-- what kind of impact the lot coverage change will have on the development of commercial I parcels. This will need further study in conjunction with the ordinance. Mr. McCash stated that he recalls that at the meeting, four Council members were not concerned about the legal issues which would arise in conjunction with this change. He suggests that the ordinance be drafted along with a memo of the pros and cons of such a change. Mr. Hansley noted that what will be changed dramatically is the income tax revenue per acre. In terms of the budget impact, this change will be substantial. On the other hand, many commercial developments are housing more employees in the same amount of space which results in more income tax revenue. These increased income tax revenues can be used to address the traffic problems created. The competing priorities are ~ HI ill, ,j[ILIJI 11:'::1 , 'I,' H"U-~'1'1"-tF~~n'f'<"!J:lM.It'!I\t.Jl}~'i11l1 ,( ,"""'I,::f'llll'i':'nl:,'I';I!:::" :-wn''-~' .!fl!;""'1l1Tc-t,"~"tt.i~ i: I' '-1 RECORD OF PROCEEDINGS Minutes of Meeting .mHmWWWHm~'_m~~mdH_H'mdHmd<mdmdQmHHH~dHdH_H_m_HW~dm~.HdH<m,_mdm_mdHH'mddm~'mHbubIIn-C]IyCouncirMeetingH-m'~m~mPagewHmd_mdH~_'_md_Hd~mm~mmdmQm_'_~mW'mQmdH~mdmWHmmdHH DAYTON LEGAL BLANK CO FORM NO 10148 ReIn Murch 1, 1999 19 greenspace preservation and economic development. He summarized that all of these changes being considered by Council will likely slow down development. Discussion continued. ,..-- Mr. Hansley noted that making all of these policy changes will also dramatically impact the fiscal modeling done for the Community Plan. Ms. Hide Pittaluga stated that she is not prepared to vote on this without additional information from staff. Mr. Hansley stated that staff can have the ordinances drafted and provide staff input at that time. Mr. Smith added that staff will recommend language within the ordinances which will assist in upholding them if they are challenged. They will reference the Community Plan, traffic studies, and the desire for more greenspace. Mayor Kranstuber noted that Council already has the discretion to disapprove commercial developments which are too dense. He doesn't understand the point of codifying this. Mayor Kranstuber then called the question. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson, no; Mayor Kranstuber, no; Mr. Adamek, no. Motion carried. ~ 6. Mr. Smith also reported that a bill was introduced in the state legislature which relates to a Council goal. Currently, governmental entities have the right to use eminent domain outside of their borders, i.e. for parks to protect their borders. This bill would eliminate that power. Legal staff will continue to monitor this bill. Mayor Kranstuber noted that he had contemplated proposing another ordinance for the Law Director to draft which would require that no more than 20 percent of houses in a subdivision be of the same material, or that no elevation shall appear in a subdivision in more than 30 percent of the houses. Mr. Smith asked if there are four members of Council who are in support of an appearance code ordinance with respect to subdivision regulations. Mr. Adamek commented that this would be premature in view of the fact that the southwest plan update is to address this issue. Mayor Kranstuber noted that he is not certain that Council has enough information about the impact of many of these ordinances proposed tonight to warrant having them drafted by the legal department. He may choose not to support them after he receives all of the ,.-.., information about their impact. ~ Discussion followed. Mr. Smith noted that it will take a considerable amount of time to prepare the ordinances as directed. Mrs. Boring noted that there is a memo in tonight's folder regarding a request from Mr. Jacobs for non-performance of the storm sewer construction on Club Road. Will this be discussed at the next meeting of Council? Mr. Helwig responded that staff can comply with the resident's request at the direction of Council. He explained that the geography of that particular area changed since the time it was first studied. Staff requests a motion from Council on this matter. He assured Mrs. . 1 ;1<1, .:1',1 &I,{I,' I .1 L'" , , RECORD OF PROCEEDINGS Minutes of Meeting dPm~"~_mdd"~mdmm~"mm#Qm"_'_m__Qmdm'm_m"dmd~"mddmmd~m_#Qm~'~md'd"'_m"mdm'TIi:i13Ti'i1Uty-Councir1\Ieerrng_m~~'m_mdm_'Vagem'ITm_w__md~'md'''mdmd~Wmdmdmmd_#Q''''mdm'mddd#Q#Qmp''m#''m###P DAYTON LEGAL BLANK co. FORM NO. 10148 ReId March 1, 1999 19 Boring that granting this request will not cause distress at another location. Mr. Hansley stated that staff recommends that Council approve by motion the non- performance of the storm sewer construction on Club Road, with the stipulation that ~ should it be required at a future date, that the property owner would work with the City at that time. Mrs. Boring so moved. Mayor Kranstuber seconded the motion. Vote on the motion - Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, abstain. The meeting was adjourned at 10:40 p.m. ~~~ Mayor - Presiding Officer (~ ~. ~ Clerk of Council ~ ---