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HomeMy WebLinkAbout07/19/1999 Ul;;,;Ul ;'F;;~i:~ l':1 1 RECORD OF PROCEEDINGS w~mffmH~mm~m~~mw'HwHHmHmmHmH~m~HHmMiI!.Bmt~:~mHm.QLHmm~m~~mmHHmH,~w~-'~mnWT151-'CifwmHCC~'ffH~HHH-r1VJIH'mt~wmmmffmH~mmHmH'HmHmmHmHmff'm~m~Hm~m1'aHmmHmmrH'm~m~~ H m Meeting u m 1 y ouncl ee mg age HHm ~~~ ~~Hmm~ HmHmH~~m'~m~Hm DAYTON LEGAL BLANK CO. FORM NO 10148 Helr1 T" 1 1 n 1 nnn 19 , Mayor Kranstuber called the meeting of the Dublin City Council to order at 7:00 p.m. Mr. Peterson led the Pledge of Allegiance. ...- Roll Call 1 Council members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. McCash, Mr. Peterson, Ms. Hide Pittaluga and Mr. Reiner. Mr. Adamek was absent (excused). Staff members present included Mr. Hansley, Mr. Helwig, Mr. Smith, Ms. Grigsby, Mr. Harding, Ms. Clarke, Mr. Kindra, Chief Geis, Ms. Crandall, Mr. Hale, Ms. Heal, Mr. Hahn, and Mr. Hermann. Approval of Minutes of Meeting of July 6,1999 Mayor Kranstuber moved approval of the minutes as submitted. Mr. Peterson seconded the motion. V ote on the motion - Mr. Reiner, yes; Mrs. Boring, abstain; Mr. McCash, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes. Correspondence The Clerk reported that no correspondence has been received requiring Council action. Citizen Comments William Wagner, 7199 Dublin Road stated that Mr. Maurer has spoken in support of the preservation of Dublin Road on several occasions. He urged Council to take steps to preserve the rural nature of Dublin Road. - Wallace Maurer. 7451 Dublin Road asked ifhe is correct in assuming that the plan for the Dublin Road bikepath will be prepared by staff and not Council. Mayor Kranstuber responded that during discussion at the CIP meeting, Council directed staff to bring a recommendation to Council about the priority of gaps to be constructed to the north or south of Emerald Parkway, as well as the opportunities for these portions to be completed in conjunction with private development. Mr. Helwig added that this information will be brought to Council by the end of the year. Mr. Maurer stated that he would like to have 60 days advance notice of that discussion date. He noted that he remains opposed to the Dublin Road bikepath. However, at this point, Council has not been persuaded to his way of thinking because the bikepath is still in the budget. He will return to Council at a later date to provide more testimony in opposition to this bikepath. Mayor Kranstuber suggested that ifhe wants to have input on the staff recommendation, he should put his comments in writing and copy Council. Mr. Maurer responded that the decision making rests with Council, and he does not want to waste staff s time. Mayor Kranstuber stated that a long-standing goal of Council is to complete the bikepath links throughout the City. The route ofthe path is recommended by staff, and therefore he suggests that Mr. Maurer direct his comments to staffwhile the planning process is underway. ~"'".,......., Mr. Maurer urged Council members to walk the length of Dublin Road from 161 to Emerald Parkway to gain an understanding of the impact of the property taking on the homeowners. Ted Saneholtz. 5775 Sells Mill Drive thanked Council for the additional stop signs which have been effective in reducing speeds on the street. He is present tonight to state that, while the stop sign installation has achieved a portion of the goal of slowing speeds from Achill to the east, it has had little effect on the portion from Achill to Muirfield Drive. He had expected a double yellow line all along Sells Mill, but instead there is a dashed yellow line. In summary, they would still like to see the installation of a third stop sign on Sells Mill as previously requested; installation of speed humps from Achill to Muirfield Drive; removal ofthe striping for parking along the north side ofthe street which would then allow parking along both the north and the south side in the school I I' il d ,,t,ltiil'i,jL HI+bH dllll"II! i1t1allllliiill!j~IIIK;iLj""ij j, I i[ , ii',l":!'::i i I: RECORD OF PROCEEDINGS N"WWWN"~~m'ff~,~wCff'_h_ff__'h_ww,JY!i!!~h~!,,_2Lh_hmff~h~h~~h~ff~h'WN~~~ffTIC~i15Ti:~~Cit~hGC~"'h~T1Vr:'~'mffi~~=-=~'~h~~h~"~~=~~~~h~~T'ff~_~m~w~ffmh~h,","_h_~l\!~~!lEg U m I y ouncI ee mg age ff,mff_'_=h'WChh_'hh_ff' DAYTON LEGAL BLA.NK CO., FORM NO. 10148 HeI 19 area; installing a double yellow line down the center of the street; and regular police monitoring to ensure people are stopping at the signs. He thanked Council for their efforts to date. ..--, Following brief discussion, Mayor Kranstuber moved to refer to staffthe issue of removal of the striping and installation ofa third stop sign on Sells Mill Drive and to then report back at the next Council meeting. Mr. Reiner seconded the motion. Mr. McCash asked for clarification of the motion. Mayor Kranstuber responded that his motion is to refer to staff a review of the overall Sells Mill traffic issues, and that as part of that, staffwill talk with Mr. Saneholtz in more detail. Specific issues to be reviewed are adjustment of the striping - not removal - and possible installation of a third stop sign. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, no; Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes; Mayor Kranstuber, yes. Special Recognition Mayor Kranstuber read a Proclamation declaring the week of August 1 through 8 as Northern Ireland Children's Friendship Week in the City of Dublin. This program promotes friendship and peace between Catholic and Protestant teens in a neutral and safe environment and is sponsored locally by St. Brigid's ofKildare Catholic Church, the Dublin Irish Celebration and through special collections at the Dublin Irish Festival during 1997 and 1998. Mayor Kranstuber presented gifts from the City and extended a warm welcome to: Crystal Lynn, Shauna McCafferty, Selena Fitzpatrick, Amanda Noble, - Tracy Buchanan, and Clodagh McGullion and thanked the host families of Dublin for their participation in this worthwhile project. Staff Comments Mr. Hansley provided a brief update on the City's anti-vandalism campaign begun in response to the vandalism at Dublin's parks during the spring - $20,000 arson at Avery Park, $2,000 damage at Coffman Park, and damage at Bristol Commons Park. The campaign focuses on community education, vandalism prevention and increased surveillance and enforcement. Since April, the Police Division has provided staff to investigate incidents when they occur, and added an increased Police presence in City parks and public areas during overnight hours. The City has also worked with the arson bureau to devise a $7,500 reward program for additional information about the perpetrators of these acts of vandalism. Dublin is also strictly enforcing the current curfew regulations. In addition, the Division of Grounds and Facilities is improving lighting in park structures and adding video camera surveillance in certain locations. The Community Relations Division has initiated a media campaign on this topic and has added a section in the City's web site regarding arson. As a result of this public awareness campaign, a series of arrests were made in connection with the vandalism in Muirfield Village at the end of the school year. In addition to those arrests, there have been no new incidents of arson since the campaign began in April. The City is hopeful that this aggressive and innovative approach toward prevention of vandalism helps to -- keep the community safe. Mr. Smith reported that following authorization at the last Council meeting, the City purchased property on the east side of the river for lease to the Dublin Arts Council. The City will have possession as of August 15. The property is currently being evaluated for ADA compliance. Staff is working on a lease arrangement with the DAC, and this will be brought to Council very soon for review. In response to Mayor Kranstuber, Mr. Smith noted that Legal staff has spoken with the Riverside Drive neighbor who indicated some concern with the City's purchase ofthe property. He assured them that their concerns will be addressed. It has always been the policy of Council to impose the same rezoning process on City property as private property. Mr. Hansley noted that if Council chooses not to take this property through a rezoning RECORD OF PROCEEDINGS M"M~"'Mh"'""'''h''M'~~''h''~&M''m"M~''hmh''~~h~'g!l~~1~~~~hh2L~mhhmmh~"~hh"Mmh"Mm_h~'M1J~uDIinTJIy~mC"ouncinv.r.eetlng-~~mh-~~"Mm~~h--Pag~~mh"_~~m,,~~~tiI!gmm~~&m~~hM"hM~h~ DA'l'TON LEGAL BLANK CO.. FORM NO. 10148 ReIn Tn 1.. 1 0 1 000 19 process, there still would be opportunity for the neighbors to meet with staff and Council to discuss issues such as screening, noise and hours of operation. ~ Ms. Grigsby reported that in follow-up to the June 7 Council discussion regarding Shawnee Hills request for relief from sewer fees, staffhas assembled a proposal for financial assistance to the residents of Shawnee Hills. This has been distributed to Council tonight, and an ordinance will be prepared for introduction on August 9. If Council members have any comments, please contact her. ChiefGeis advised Council that the Division of Police will be sending eight officers to the City of Urbana this weekend to assist with policing a KKK rally. This partnership helps provide a training opportunity for Dublin officers who may encounter similar events in the future. LEGISLATION SECOND READING & PUBLIC HEARING - ORDINANCES Ordinance 124-98(Amended) - An Ordinance Providing for a Change in Zoning for 28.773 Acres Located on the West Side of Dublin-Bellepoint Road, Directly South of 1-270, from: R, Rural District, to: PUD, Planned Unit Development District (Cardinal Health South Campus Plan). (Applicant: Jerry and Beverly Trabue, 5888 Leven Links Court, Dublin, Ohio 43017; McKitrick Properties, Inc., clo John McKitrick, Bethel Road Investment Co., 2333 Gulf of Mexico Drive, Suite IC-3, Long Boat Key, Florida 34228; and Marion Schneider, 6775 Dublin Road, Dublin, Ohio ,-..... 43017; represented by Ben W. Hale, Jr., 37 West Broad Street, Columbus, Ohio 43215). Mr. Reiner indicated that he would abstain on this matter and left Council Chambers. Ms. Clarke stated this is a rezoning of a large piece of property located adjacent to 1- 270. The property is currently zoned R-Rural. Council recently reviewed a proposed concept plan for Indian Ridge on this site which consisted of a combination of smaller offices and about 100 residential apartment units. This is a completely different application, and is both a combined concept and preliminary development plan which makes it binding. This was reviewed by the Planning Commission at two hearings. It was approved by a vote of 6-0 on June 10, 1999 with seven conditions: 1. That the office development on this site be limited to 260,000 square feet as a permitted use, that any additional development of the site between 260,001 and 360,000 square feet be treated as a conditional use, with an updated traffic study examining the extent of traffic improvements at High Street and Bridge Street and Dublin Road and Emerald Parkway after completion of the 1-270 widening and Emerald Parkway bridges over the Scioto River and US 33/SR 161, and that such a conditional use permit will expire if a final development plan is not filed within eight months or if construction has not started within 2 1/2 years; 2. That the plan be modified to incorporate scheduled improvements to Dublin Road and Emerald Parkway, and all site-related traffic improvements ,-- recommended by the traffic study and the City Engineer; 3. That the developer include the Smith and Lambert properties, subject to the approval of those owners, for purposes of installing a bike path along Dublin Road; 4. That the parking garage be subject to the same setback and height requirements as an office building along the south property line; 5. That the developer be responsible for any damage caused by blasting; 6. That the gatehouse(s) be limited to one story in height; and 7. That the general development standards be revised to state that traffic mitigation is "subject to Planning and Zoning Commission approval. " This application is for entirely office use and it would create an additional campus for Cardinal Health, generally referred to as the "Cardinal Health South Campus." She showed slides of the area noting that the site is south of 1-270, the southern half is I II HlL:JI1 I""'"'''I"!I,''I,,,, I j JUII : iii, ' "0_". .,."".,,,,,,,",,,,,.''';C'~''~',''.'~.'W''''''''.'Y'~' '..",f -' .,.-' .",.""""".., ,.", '-":'1"'" ""'''.W:;' t1l'"_"""~'-'1'!"MI'''' j: 'I". I RECORD OF PROCEEDINGS .."~"."."""~~~".w""mw."~""'~~~u#~"~MjE~~t~"~u#'"m2id'U#~"~"~md~d"~mp~m~"m~''TIW"]Jl~mpmdPCifVmdc"m_~p~~~r'"mm'm~m"md~Pd'_"m_""P",mm~mm~'"1'a_U#m"zrd~mmmPd_mm~~~~~,~~et}nB: U m 1 y OunCl ee mg age ~m" m,mmdmd""mm~'mm" DAYTON LEGAL BLANK co. FORM NO. 10148 Hel 19 treed, and the northern half is an open field. The Indian Run stream is located along the west side of the site. The proposed development wraps around the Smith and the Lambert properties. A letter was recently sent to Council from Jonathan Smith in --- regard to this application. She noted that the additional tree preservation measures will be taken care of as part of the final development plan process. Staff is hopeful and Cardinal has indicated that they desire to purchase the two single family homes. Traffic has been the critical issue with this proposal. She then showed visuals of the various densities on the site and predicted traffic volumes. Staff has recommended a maximum density of 317,000 square feet based on their review ofthe traffic impact. The proposal before Council tonight is actually for 260,000 square feet, with a conditional use for up to 360,000 square feet. The opening of the Emerald Parkway bridge will dramatically impact the current traffic situation. When the Emerald Parkway bridge over US 33 is open, the traffic volumes again decrease. The assumption is that the 1-270 widening will be completed at that time as well. Ultimately, the fourth traffic improvement to be completed will be the Sawmill connector from Riverside Drive over to Sawmill Road. Therefore, under any scenario, the worst traffic is the current level prior to the improvements being done. This is a rezoning application, and it is a combined concept and preliminary development plan. Cardinal Health has sent a letter to Council indicating their discomfort with the first condition appended by Planning Commission. The Planning Commission felt that additional square footage should be allowed based on actual traffic conditions at the time - thus the recommendation for a conditional use within a short time frame following the traffic study. There is also a commitment in the text in regard to occupation of the building any sooner than four years from now, - except by express approval of City Council. In addition, Council has received a memo from Mr. McCash explaining the reasons for this condition. Staff has been comfortable from the outset with a density of 317,000 square feet or 11,000 square feet per acre. The Planning Commission was comfortable with a lower level as a permitted use, 260,000 square feet, with the possibility of raising it based upon the traffic study. The Record of Action is dated June 10, 1999 and reflects a vote of 6-0 of approval. Mayor Kranstuber invited public testimony at this time. Jonathan Smith. 6805 Dublin Road stated he has lived at this property since 1986. He sent a letter to Council last week outlining some of his concerns. His home is surrounded by the proposed development. Earlier in the zoning process, he was led to believe that Cardinal officials might be interested in his land, but he has not heard from them since April of 1999. He currently has an easement that allows him ingress and egress from his property across a 60-foot strip of land. This easement will be vacated if and when the property is sold to a third party. The document does provide that he has first right of refusal on the sale of that strip of land, and to secure his access, he will likely need to purchase the strip of land, although it will be a financial burden to do so. He would like assurance from Council that the pavement setbacks and the buildings setbacks will apply if he obtains this strip of land. He is also concerned about the possible widening of Dublin Road to accommodate a second entrance into the office ,........., complex. i , Mayor Kranstuber asked staff to respond regarding the setback issue. Ms. Clarke stated that the plans accompanying the zoning document indicate the width of the setbacks from the current property lines. The property is rezoned based on a legal description; if a portion of the property is transferred to Mr. Smith, that portion is still zoned PUD, and without an amendment to the proposed plan tonight, the setbacks as shown would stand. The Law Director agreed. Mayor Kranstuber expressed concern about trying to resolve this issue so late in the zoning process. He asked Mr. Hale to respond. -- RECORD OF PROCEEDINGS W#$"~W4~~4mffwffm"m'''m#m4'''~m~wff"J~!I!:!~!!l~~mm#~t~mff_4''m~4w4m#m~~m#nu15nirCiryff'COuffc]t1VTeel1ng~ff'~_~'mmff~~ffm'''m~ff$ff_mmpage~5~ffm~m~ffm"#mff~#~'~'m~~~'!j~,gwm~4mmff'm_ DAYTON LEGAL BLANK CO., FORM NO 10148 HelcI July 19, 1999 19 Ben Hale. Jr.. 37 W. Broad Street. representing Cardinal Health, stated that Mr. Smith has been present at all of the zoning meetings. Cardinal made Mr. Smith a fair offer for his property several months ago, and Cardinal indicated that the offer will be held ~ open. They have not received any response to their offer. Cardinal has indicated consistently that they would respect his right to access the property. In this particular application, Cardinal has agreed to return to Planning Commission with another preliminary development plan that addresses parking and location of the buildings. Setbacks have been established on the properties, but exactly how the parking and buildings will lay out is yet to be determined. Ms. Clarke stated that the layout, drainage, grading, and tree preservation will be reviewed by the Planning Commission prior to final development plan. The setbacks could be increased beyond the minimum requirement, but the minimum setback would be what is required. Mayor Kranstuber asked how the setback that has been legally adopted differs from what Mr. Smith is requesting. Ms. Clarke responded that if Mr. Smith buys the additional strip of land, he then wants the setback to begin from that point, not from the existing property line. The drawings submitted do not reflect this change. Mr. McCash stated that taking the 60 foot strip away would eliminate the southern entrance completely. Ms. Clarke stated that is correct. - Mr. Hale stated that currently, along Mr. Smith's south property line, there is a 50-foot setback. There is also a 200-foot setback from the street and a parking setback behind Mr. Smith's house. Cardinal has agreed as part of the zoning to plant landscaping now along the borders of the common property owners. This will allow four years of growth for the landscaping prior to any development. Mayor Kranstuber suggested that this case be postponed until later in the meeting to allow an opportunity for Jonathan Smith to meet with Cardinal's attorneys to resolve this matter. Mr. McCash confirmed that Mr. Hale has indicated that Mr. Smith has not responded to the offer to purchase his property. Mr. Smith stated that he felt their offer was too low. At this point, Mayor Kranstuber asked that the parties meet outside of Council Chambers to work out this issue. The case will be postponed until later in the meeting. Ordinance 72-99(Amended) - An Ordinance Amending Section 153.028 of the Zoning Code to Permit Sexually Oriented Business Establishments within the CC, - Community Commercial District, PCD, Planned Commerce District, and PUD, Planned Unit Development District. Ms. Clarke stated that Council previously approved a Code amendment that would establish a licensing procedure for sexually oriented businesses. This amendment to the zoning code permits such businesses in specific areas: CC, Community Commercial District, and within the PCD or PUD districts if specifically noted in a text as a permitted land use. The ordinance contains a requirement for separation between such establishments of 750 feet. There is also a separation of this kind of use from civic buildings such as City Hall, schools, recreation centers, Chamber of Commerce buildings. There are some specific requirements for signage allowing only wall signage for these uses. The amendment has been drafted as a direct response to the recent experience with this type of business in Worthington. The amendment was reviewed by the Planning Commission on July 1, 1999 where discussion took place about the I I' !!< "1'T1' ''I ' ,,,"',,,"u.,, I iiH,! : :!I RECORD OF PROCEEDINGS Minutes of Meeting ~'~'~',m'",m',mmm,m",m~~~m"mm,m~~m'~,m~mm,m~m,mm,,~~mmmmmmm~m~,m~m~m~"''1JuolinmCifYC<5uncimeetin!rmmmm,~mm,mm~,~,m,'~m_m""mYag(rO~'~,'_m,m,~,mm,mm~mm~mm"m,mmm~m~m,~",m~m""m~"~m,m"m_ DAYTON LEGAL BLANK CO.. FORM NO 10148 Hekl July 19, 1999 19 distance between such establishments. Staff recommended 500 feet, and this was increased to 750 feet by the Planning Commission. Planning Commission recommended approval by a vote of 6-0. ,~ Brief discussion took place regarding maximizing the distance between these establishments, and the related case law. Mr. Smith commented that, in his opinion, the ordinance is drafted to afford all parties their legal rights and yet address the concerns that the City has with respect to this type of business. Mr. Maurer asked for clarification of the type of business that is being regulated. Mayor Kranstuber responded that it is the same type of business which recently opened in Worthington. Mr. Smith added that there is case law involving the right to freedom of speech in regard to these types of businesses. The distance restriction is intended to discourage a large row of these businesses which would then have a greater impact on the community. Mrs. Boring moved to amend Section 2B to read, "within 750 feet as measured from property line to property line." This will ensure clarity. Mr. McCash seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; - Mayor Kranstuber, yes; Mr. Peterson, yes; Mrs. Boring, yes. Steve Vandamere asked about restrictions on hours of business operation. Mr. Smith stated that was already addressed in the sexually oriented business regulation ordinance recently adopted by Council. Vote on the Ordinance - Mr. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 81-99 - An Ordinance Declaring Certain City-Owned Property as Surplus and Authorizing the City Manager to Dispose of Said Property in Accordance with Ohio Revised Code Section 721.15. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated this provides for disposal of surplus fleet and is consistent with past practices. Staff is requesting that it be held over for second reading at the next meeting. There will be a second reading and public hearing at the August 9 Council meeting. Ordinance 82-99 - An Ordinance Accepting the Annexation of 106+ /- Acres from Jerome Township, Union County to the City of Dublin, Ohio. (Chris Cline, agent r-"\ for Petitioners) Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that this annexation has been approved by the Union County Commissioners and now comes to Council for consideration. Staff recommends that this be held over for a second reading at the next meeting. There will be a second reading and public hearing at the August 9 Council meeting. Ordinance 83-99(E) - An Ordinance to Accept the Lowest/Best Bid for the SR 161/ US 33/Avery-Muirfield Drive Interchange Improvements, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. He invited those present to testify on this ordinance which will be considered tonight for emergency action. Noone came forward to testify. I ! II I ,"""1'11'''' "lit I I I i"il I, , Iii! ,'i, I: ',,'[',','T"l':I', I"'4"t'~'~~('I!i'OO1W1'fJ'{'1!:t':'",r)' :'.,lllmIl1c'~'Il":'r.:"1!~"H'N::I~,t nif,~)lil'li ,.I: ;;!i1fi" I:',j I RECORD OF PROCEEDINGS ""@h"h"_h@"@@n_@nn@nn#~nh@n@@'~#h~nnn@Ml!lt;!1~~h_qLn~@~n~@nnn~nnn~~n~~~_~@n##@rrm51in@CrfyCouiicir1Vfeetrngn~nn~@@@~@@n~#@~@wn@~~~~n"page7n~n~@@~'~@nnnn'n@nn@n~@M~~n~~~,g~"nn@nn@n@~@, DAYTON LEGAL BLANK CO., FORM NO. 10148 HeM July 19, 1999 19 Mr. Hansley stated that staff is recommending the low bid. Emergency action is needed so that this project can begin immediately. At this time, traffic control is being done manually and there are safety issues involved. The project was delayed somewhat ,- due to negotiations with ODOT regarding the water features. Mayor Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. Mr. McCash seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Reiner, abstain; Mrs. Boring, yes. Vote on the Ordinance - Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, abstain; Mr. Peterson, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes. Ordinance 84-99 - 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 staff will be requesting emergency action at the next Council meeting because of the timeframe for the bids. Ordinance 85-99 - An Ordinance Adopting the 2000-2004 Five-Year Capital Improvements Program. Mr. McCash introduced the ordinance. Mr. Hansley stated that the Finance Committee held two workshop sessions on the proposed CIP, the changes have been incorporated, and staff is recommending this be - held over for public hearing on August 9. There will be a second reading and public hearing at the August 9 Council meeting. Ordinance 86-99 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1999. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated a detailed memo was contained in the packet outlining the various appropriation requests. The largest amount is for the Farrell property renovation. Staff is requesting action tonight primarily because there were delays with the design process due to ADA compliance issues. The Farrell property will be used to accommodate the Community Relations Division offices. Mayor Kranstuber moved to dispense with the second reading. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Vote on the Ordinance - Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mrs. Boring, yes. Ordinance 87-99 - An Ordinance Providing for the Issuance and Sale of $8,055,000 Notes, In Anticipation of the Issuance of Bonds, for the Purpose of Paying Costs of Improving the Vehicular Transportation System in the City by - Modifying the Avery-Muirfield Drive Interchange, Including Deck Widening and I Ramp Widening; the Widening of Avery-Muirfield From the Interchange to , I , Perimeter Drive, Adding One Lane in Each Direction; Adding a Lane From Perimeter Drive to Post Road; and Installing a Closed Loop Signal System and All Other Necessary Appurtenances, Authorizing a Loan Agreement with the State Infrastructure Bank, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that staff is recommending that this be held over for a second reading on August 9, and emergency action will be requested at that time. This ordinance provides for financing of the Avery-Muirfield interchange project. There will be a second reading/public hearing at the August 9 Council meeting. I I. · 'I d ,,' "I.lIII, :ii! !II 11':11 TRf' ''''.-..0: ,."".". '1'-' ." :'n':-~HI'l";"'l~'''-'.~.=~n--''r<l-; '.: ,. ,:; '::~.!:"lf'''I:-IC'IJ')'W1W' "'n;~'~ 'l"'U!;',,"M~:l', "l; '.l!;,!t:'l' li.j I RECORD OF PROCEEDINGS '''C~~''M'~"CCQM'CM'''~~M'~M'''_h_'__hM''hM!,,~ u te~.~.gf h~~M~"M_-~M"M~~-'~M-~"n'-'15r~":-crf'~-aM'~~M-'M~rr"JX;frth-rffM"M__M'_h"'~"ff~M'hM"h"""~MM"ff'_~'Pr'CQM"'M'ffSCQ~"Hh"'''''ff''''hWCM'''M.~"",~~~!!E~,~g u m 1 y OunCl ee mg age """" '''''''W'''hm''Mff DAYTON LEGAL BLANK co., FORM NO. 10148 Helcl July 19, 1999 19 Ordinance 88-99 - An Ordinance Providing for the Issuance and Sale of Not to Exceed $5,500,000 Notes in Anticipation of the Issuance of Bonds, for the Purpose of Paying Costs of Improving the Vehicular Transportation System in the City by ~ Improving, Widening, Grading, Draining, Curbing and Changing the Lines of Municipal Roads, Highways, Streets, Bridges, Sidewalks, Bikeways and Viaducts, Acquiring Real Estate and Interests in Real Estate Therefor, Providing Lighting Systems and all other Necessary Appurtenances, and Declaring an Emergency. (W oerner- Temple Extension) Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that staff will be requesting passage by emergency at the second reading. This provides funding for the Woerner-Temple extension. There will be a second reading/public hearing at the August 9 Council meeting. Ordinance 89-99 - An Ordinance Providing for the Issuance and Sale of $3,400,000 Notes, in Anticipation of the Issuance of Bonds for the Purpose of Paying Costs of Improving Rings Road from Interstate 270 to Frantz Road, by Constructing Four Lanes of Boulevarded Pavement with Curb and Gutter, Storm Sewer, Bikepath, Sidewalk, Street Lights, and Traffic Signals and Turn Lanes at the Intersection of Paul Blazer Parkway and Rings Road, Frantz Road and Rings Road, and Paul Blazer Parkway and Parkcenter Drive, and Declaring an Emergency. Mr. McCash introduced the ordinance. Mr. Hansley stated that this relates to the improvements for Rings Road and the - financing thereof. Staff will be requesting passage by emergency at the second reading. There will be a second reading/public hearing at the August 9 Council meeting. Ordinance 90-99 - An Ordinance Providing for the Issuance and Sale of $1,343,000 Notes, in Anticipation of the Issuance of Bonds for the Purpose of Acquiring a Facility and Related Site for Use as a Center for the Arts, and Declaring an Emergency. Ms. Hide Pittaluga introduced the ordinance. Mr. Hansley stated that staff will be requesting passage by emergency at the second reading. This note issuance provides for a financing mechanism for the purchase of the property on Riverside Drive. The Arts Council will lease the property from the City, and the lease payments will be made from DAC's share of the City's hotel/motel tax revenues. There will be a second reading/public hearing at the August 9 Council meeting. Ordinance 91-99(E) - An Ordinance Accepting the Lowest and Best Bid for Communications Console Furniture Within the Division of Police, and Declaring an Emergency. Mr. McCash introduced the ordinance. Mr. Hansley stated a detailed memo from Mr. Harding was provided in Council packets that explains the need for this purchase. ,..-.., Mr. Harding commented that since the time his staff reported was drafted, the Police Division has determined that they will not require all of the items contained in the bid of $51,753.00. The items needed total $36,028. Discussion followed about the bid specifications and the fact that there was only one bid. Mr. Harding stated that this is very customized furniture for a specific purpose, and there are only two or three manufacturers in the market. Mrs. Boring moved to amend Section 1 to read, "not to exceed $36,028.00." Mr. McCash seconded the motion. Vote on the motion - Mr. Peterson, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes. : 'I I Ii 'L:ii::illl I nr I RECORD OF PROCEEDINGS wmmwmwmm<"m~mwpmp"mmmpmp~~#mm#m~mwMi!l~l~#~-2Lm~~mw~m#mwm~~~#m"~m#D'u15TmmCify~Col11iciT1vreefmg~mmpm~m~~pm~"mwmmm#~m~'age"m9pm#mm~m~~mmwm#m"m~m~,M~;:1!~Kmw#mm#mmmm"mmm DAYTON LEGAL BLANK CO FORM NO. 10148 Helr) July 19, 1999 19 Mr. McCash moved to dispense with the public hearing and treat this as emergency legislation. Ms. Hide Pittaluga seconded the motion. ,""""'" Vote on the motion - Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes. Vote on the Ordinance - Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 33-99 - A Resolution to Set Forth a Statement of Services to be Provided to the Area in a Proposed Annexation of 50.8+ /- Acres from Jerome Township, Union County to the City of Dublin. (Harrison W. Smith, Jr., agent for Petitioners) Mayor Kranstuber introduced the resolution. Mr. Hansley stated that this is a standard statement of services to be provided for a proposed annexation. Council must approve this prior to the hearing by the county commissioners. The map attached indicates that the annexation area is located generally south of the proposed Metro Park. Mrs. Boring asked at what point in the annexation process does the City determine that accepting an annexation will result in the need for more personnel to serve that area. Mr. Hansley responded that for smaller annexations in the range of 50 acres or less, there would not be a major impact. However, for very large annexations of 1,000 plus ~ acres, staff would advise Council of the additional staff needed to serve the area. Dublin has grown as a City through annexations, and as a policy, Council has responded to this growth in operating budget increases. The policy direction regarding future annexations was adopted in the Community Plan. Council does have the option of indicating that the City cannot serve the area proposed for annexation, if that is the case. Even if the City has the ability to serve the area in terms of infrastructure, Council always has the option of disapproving the annexation ordinance. Vote on the Resolution - Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mrs. Boring, yes. Resolution 34-99 - A Resolution of Intent to Appropriate a Fee Simple Interest Consisting of 0.136 Acres, More or Less, From Timothy J. Fallon, in Property Located on the South Side of Rings Road, City of Dublin, County of Franklin, State of Ohio. Mayor Kranstuber introduced the resolution. Mr. Smith stated that Legal staff is in negotiations with Dr. Fallon regarding this property. Vote on the Resolution - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. ,...,.--. OTHER Report from Southwest Traffic Task Force Mayor Kranstuber noted that he, Mr. Peterson and Mr. McCash have served on this Task Force, along with the citizen members and Chief Bostic of Washington Township Fire Department. The group has devised a comprehensive program of capital improvements, road construction, road alterations and signage to address the traffic and quality of life issues of the southwest residents. There was unanimous support of the Plan from the Council representatives to the task force. Mr. McCash added that the residents brought the issues to Council and then worked with Council representatives and staff to devise a solution. This is a compromise plan that everyone is comfortable with in terms of implementation and procedure. It will : I I II 1.,1: ,:;,Id ,I I I ili,l' ! 'I'! RECORD OF PROCEEDINGS 'm'~'mQQQ#'m'Q_ff~'mmm~m"_~#Q'dM~~~!!:~ff_2L"_'~_"d~~~d~~m"ff"m'~~'mTIu15IiiiT~ify=CotillcTI1YIeefifig_d~"~~ff""d~ff_~~"~mm""~7ageT~d"~~~ff__~M~Q~t~~g"ff"d#""~#d'd"mff" DAYTON LEGAL BLANK CO FORM NO 10148 Helil Tn 1" 1 n 1 nnn 19 , improve the overall quality of life and traffic flow in the southwest residential neighborhoods. "....-- Bill Yoder. Task Force Member outlined the original goals of the task force, noting that the experience has renewed their faith in Dublin's form of government. The plan ensures the safety and the quality of life of the homeowners. The main objective of the overall plan is to address the traffic volumes on roads which were not designed as collector roads. Wilcox and Rings Roads are I8-foot wide, straight roads and were not designed to accommodate heavy traffic at high speeds. The houses facing these roads are only 30 feet from the roadway, resulting in many safety hazards. The new roadway system under construction - Woerner-Temple, Emerald Parkway extension, and the proposed Tuttle extension will provide a big box of alternative roadway around the residential neighborhoods. The proposed plan will encourage the traffic to locate on the outer box area, and not on the inner, residential collector roads. Steve Basil. Task Force Member stated that the main element of the traffic calming plan is to discourage cut-through traffic from Tuttle Crossing and Woerner-Temple Roads. He then described in detail the two cul-de-sac plan and the plan for emergency access for the area. The Plan will also allow the bikepath to be extended between the two cul- de-sacs, providing safe access for children to the Washington Township parkland. The two cul-de-sacs will divert much of the cut-through traffic to Tuttle Crossing and Woerner-Temple Roads. The extension of Tuttle Crossing to Avery Road is a very important element of the overall roadnet in this area. Also important is the --. improvement of the intersection of Tuttle Crossing and Emerald Parkway which is located in the City of Columbus. Another main element of the plan is to discourage through traffic on Rings Road, while encouraging traffic to use the big box arterial roads. This plan should provide safe crossing, reduce speeds and result in quieter neighborhoods, while not eliminating access to residents or emergency equipment. A pedestrian bridge over Cramer Creek will allow safe access to the parks. The task force recommends that the stop signs in the plan be installed as soon as possible. Tod Zimmerman. Task Force Member noted that the eastern traffic circles are critical to the plan. They will help to separate commercial and retail traffic from the residential area and discourage traffic through the neighborhoods in general. Pedestrian crossings are provided to the parks and to connect the neighborhoods. These connections will enhance the overall quality of life. He thanked Council for working with the citizens on the plan. Dan Gay. Task Force Member stated that Norn Street was originally planned to extend up to Avery Road; Rings Road would then dead-end into Norn Street making Norn Street an easy cut-through to Woerner-Temple. The residents on Norn are already experiencing increased traffic due to the condominium development. The task force is recommending that the City purchase land behind the homes on Hathaway A venue to serve as a neighborhood park. This will eliminate the need for children to cross Norn "......., Street to access a park. The traffic circle will also discourage and slow down traffic on I Rings Road. A four-way stop has been recommended at Norn and Blundon with a ! , crosswalk to provide safe passage to the bikepath. The task force believes that the improvements on Norn Street will make the neighborhood safer for the children and enhance the quality of life for all the residents in southwest Dublin. Craig Redinger. Task Force Member stated that the Heather Glen neighborhood is divided by Wilcox Road, resulting in a safety issue for children who must cross Wilcox. The proposed plan will make the southwest area more attractive and a more neighborhood-friendly area in which to live. Don Williams. Task Force Member stated the plan has a three-pronged approach: to reduce cut-through traffic on Wilcox Road, to improve pedestrian safety across Wilcox, , I I II .qjij;ji'i I l'li .. ;;i "Ii::"J!llI:I"I':\ffi1t~~ I; I , RECORD OF PROCEEDINGS Minutes of Meeting "P~PPMPpmppmpP~M'~mP~,mmMPmm,~,ppm'~mpmpmp=&~~,pm~Pm~~PHMP~m'mQm~'mM",~,pm"M~m~TITi15rrffPCirymCoiincrr1Vfeerlilg~~pmM'ppmm~'Mm~,ppp~mpPP~7ag~rT'rmm&P_p~mpmQm_m~$'m~m'$PHMmp-'PN,p~PHpm~NPP'Pm' DAYTON LEGAL BLANK co., FORM NO 10148 Held July 19, 1999 19 and to improve the entire quality of the road. The task force recommends the following: 1. On the south end of Wilcox, the task force recommends the addition of --- landscaping entry features to alert traffic that they are entering a residential area. 2. Curving Wilcox Road will cause traffic to slow down on Nom Street as traffic will no longer see Wilcox as a long straight-a-way. 3. Crosswalks will be installed for safety, and painting of parking lines along Heather Glen Boulevard will make the road seem more narrow and discourage high speed traffic. 4. Crosswalks will be added to Heather Glen Boulevard at Hadler Drive and at Northcliff to improve access to the park. 5. Reconstruction of Wilcox Road between Heather Glen Boulevard and Northcliff will include lowering the road, filling in ditches, introducing curved features as natural traffic calmers, and the addition of berming and landscaping to provide a safer and more attractive roadway. 6. Entry features and landscaping will be added to indicate this is a residential area. 7. The extension of Emerald Parkway to Shier Rings will encourage traffic to avoid the subdivision altogether. Originally, plans for the area called for traffic problems to be alleviated by actually vacating Wilcox Road and removing it entirely between Heather Glen Boulevard up to the north to Innovation Drive. In order to avoid causing other problems by closing Wilcox Road, this ~ compromise plan has been developed. The plan will create a peaceful community for the residents of Heather Glen, and by approving this plan Dublin City Council will show that they have not forgotten the residents of the southwest area and are willing to put forth the effort to make things right. The residents of Heather Glen appreciate the time and effort spent by the Council, the Task Force and all involved. Mr. Yoder showed slides of the southwest area, pointing out the various improvements described by the Task Force Members. Mr. Helwig summarized that the Task Force goals were to reduce cut-through traffic, to devise a long-range traffic control plan, and overall enhancement of the quality of life and maintenance of Dublin standards. City staff endorses the Plan before Council tonight. He thanked Chief Bostic and his staff for their active participation. As implementation steps are authorized by City Council, staff is committed to working with the safety officials to ensure emergency access is maintained. In the proposed Capital Improvements Program, there is a line item included for $750,000 should Council desire to proceed with the traffic calming recommendations for the southwest. This amount is strictly an estimate to begin the program. Council has already taken action to move up major projects which will benefit the southwest. The consultants are present tonight to respond to any questions from Council. ~ I ! Mayor Kranstuber summarized that motions were adopted by the Southwest Task Force i for recommendation to Council. Tonight, Council will vote on those recommendations and the improvements delineated on the map. Following approval, the related Thoroughfare Plan amendments and CIP and operating budget items will be brought to Council. Mrs. Boring asked about the costs of the improvements. Mr. Helwig stated that $750,000 is a rough estimate. The traffic circles range in cost from $75,000 to $250,000 depending upon land acquisition costs. In terms of the parkland acquisition, that is over and above the $750,000. In the CIP, staff is estimating close to $200,000 for acquisition of that strip of greenspace which consists of two parcels. The $750,000 line item in the CIP was a first attempt at an estimate. I I I 'I! Ii ": IlIl,1I In1!l!i!im'ill 1 I 1,:11 '" ;TTT ,.,~,,~ ..t":"""""'f"I.'.'t'"':I1~H\llWlf'11I"1l!!ll~'J,-,.il~'t ',".1 n'. U!!l"tl!WlltlJ:'n>!'ll~\'T~~IH n. t.. In<'.lill1Y'T'~~.' J, 'l , RECORD OF PROCEEDINGS ~""~~b'~b""~'~b"~~~_~"""~~b,,~~JYIi!}:!:!bt~~"b,,~LL_b"ff"~"~"'ffff'b~~"~ff~~"~ffrru1511nTTIy'C'ouiiCIIlVreeting~~~N-~-'~---"~1TageIL-~~""ff""'~"~__"ffM~~~,!!!}"gff"~"~~'''b~'~~~ DAYTON LEGAL BLA.NK CO., FORM NO 10148 Helrl July 19, 1999 19 This does not include all of the possible recommendations in the Plan, such as a number of chicanes on Wilcox south of Innovation. The entry features proposed are still understudy in terms of cost. r-- Mrs. Boring summarized that all of the costs then have not yet been determined for implementation of this plan. Mrs. Boring asked if the consultant has recommended a distance between traffic circles. Doyle Clear. Parsons Transportation Group stated he is not aware of any design standard for distances between traffic circles. These traffic calming measures are currently being used in many areas of Cleveland. Mrs. Boring noted that Chief Bostic's report indicates that the implementation of the Plan may affect response times for emergency vehicles. Chief Bostic stated that he is confident that they can work through these issues. Ms. Hide Pittaluga suggested that these types of traffic calming features be incorporated into the design for future developments. Mayor Kranstuber stated that this is already done in the planning process. In this case, Wilcox Road was an old farm road and development took place around it. l"""'-. Mr. McCash confirmed that these matters are addressed now at the Planning & Zoning Commission stage. There is not a written policy at this time, however, but this is the direction Planning & Zoning Commission is moving toward. Mr. Hansley noted that as additional land is annexed to the west, these kinds of issues can be addressed at the planning stage. Based on the experience in the southwest, the developers may be required to do the improvements as a part of the zoning process. Legal staff will assess the ability to require off-site improvements in conjunction with a development. Mayor Kranstuber invited public testimony at this time. Greg Mitchell. 5842 Castleknock Road stated he has not had the opportunity to participate with the Task Force despite verbal and written requests. His main concerns with the recommendations are: 1) this is an expensive project and he wants to ensure that funding is not delayed, and that projects such as the Tuttle Crossing extension are not delayed; 2) there is no direct benefit for him or for adjacent residents - dense landscaping should be added to create a barrier; 3) an entrance feature is needed into Trinity Park at Castleknock Road. Unfortunately, the Task Force was not representative of everyone in the southwest district. ,......., I Mayor Kranstuber asked Mr. Helwig to respond. Mr. Helwig described the projects already underway or fast-tracked, including the Emerald Parkway extension to Shier-Rings, the Emerald Parkway bridge over 33/161 which was moved up, and the Tuttle extension from Wilcox to Avery which is now programmed in the 5-year CIP. All of these will positively impact the traffic in the southwest. In regard to the question about the landscaping along Woerner-Temple, the mounding is on combined private and public property. The landscaping will be done the length of Woerner-Temple in the fall. Ms. Newcomb is working with the neighbors on landscape planning. In regard to the entrance feature, the Plan calls for design of an entry feature in that location. I I II ~"'flilli: I I r'1l 'I' - I.: , 11-"'1 ,~. ',,~'t,-)I' ~'!llih:,W~}~'f~,~J'f')!!"llt!'!~t:',,'ri)'1Ij-r111;;1'f<tlt'IHI":'}tl<ji'>> !'!kfiltll' '1' 'f~'~ I; t. . .I RECORD OF PROCEEDINGS W~=~Qffw~=~~ww~'=~wU'w~~w== Mjll:!!!~9i=~~=~u=WQff~Qff'Qff~~~--UUbllnLitYU5uncirMeenng-u~w~u~=~u~W~-~U~=~~~~~UPage13~=Qff~-WQff-- M~~!!~~gWQff~W~W~~W~~~~Qff DAYT N LEGAL BLANK CO.. FORM NO. 10148 HeIr) July 19, 1999 19 Steve Krzykoski. 5695 Wilcox Road stated that he is President of the Southwest Area Residents Association which was formed over ten years ago to address the impact on their area of pending development to the east. At that time, they worked with the City - to annex over 500 acres in the southwest to the City of Dublin. Since then, much development has taken place, resulting in traffic problems. The plan devised by the Task Force is a good one, and they are looking forward to Council's approval and implementation of the plan. It will maintain the safety and quality of life that all Dublin residents enjoy. Over the last few weeks, representatives from Heather Glen, Brighton Park, Trinity Park, Balgriffin and the Southwest Area Residents Association began contacting residents to ensure their support. He presented 500 letters of support for the Plan from residents of the southwest. They encourage Council to approve the plan tonight and proceed with implementation. Dom Tiberi. 5768 Rings Road stated he supports this plan and encourages Council's approval. This plan is the right and safe thing to do. The traffic has become a property value issue for the residents. As the father of three small children, his main concern is safety. With Council's help tonight, they can prevent future problems. He thanked his neighbors, City staff, and the Council members who have worked on the Plan. Doug Karl. 5675 Hathaway Avenue noted that he lives in the Balgriffin development and concurs with all that has been said tonight regarding safety and quality of life issues. He is hopeful that in the future, planning will take place on a larger scale to avoid piecemeal development. He appreciates Council's efforts on behalf of the residents of the southwest. - Troy Duke. 5940 Wilcox stated that he is one of 500 residents who signed the petition. This plan is a compromise that will work. The high quality of life in Dublin attracted him and he is willing to pay high taxes in return. He appreciates Council's time in resolving these issues. Julie Vouch. 5680 Wilcox noted she is a full-time homemaker and observes the traffic patterns on a daily basis. She has witnessed many accidents and much traffic congestion in front of her house. She encourages Council to support the plan which will make the roads more like other roads in Dublin. She asked Council to consider the safety of all children in the area when voting on this plan. Tim Edwards. 5752 Rings Road noted he is a resident of Trinity Park and a small business owner in Dublin. At the most recent State of the City address, comments were made about the City's goal of achieving a balance between the corporate growth and residential quality of life in Dublin. With the recent commercial growth, the balance is being challenged in the neighborhoods. While he recognizes the importance of the commercial tax base, his first consideration is for his children and their safety. Residents appreciate Council's consideration of these important issues. ,.--, Tom Currie. 5927 Rings Road thanked Council for their pro-active approach in addressing the traffic problems in the southwest area. He has lived in the southwest for seven years, and has observed the changing pattern of traffic and growth of residential and commercial development. Wilcox Road cannot continue to accommodate 50 to 60 construction vehicles per hour without compromising the safety of the residents. He joins the other 500 residents in asking that Council adopt this plan, particularly the "no through commercial vehicles" provision as soon as possible. Mr. Reiner commented that Council is currently undertaking a study of the southwest area for an overlay district unlike anything in the state. He is hopeful that the enthusiasm of the residents for the traffic plan will be extended to the southwest plan project. He is pleased to see the results of this citizen, staff and Council effort to address traffic problems. I I: '1,1 " '" ;""",,,"", II : ,:' ,1 " ::'"" RECORD OF PROCEEDINGS ww~mm~wmm~m~mmm~m~~~m#~mmJvli~!:!1~~~2L~,~m#_w~~~H~Hmw~-H"TIU151ijrCrfyTounCir1VfeWenngm~-Wm_Wmm~mmdm~~m~mmYageT4m~mm#n#n~W~~mmdW'd,~~!Yfe~!!~Km,mmm~~mmm DAYTON LEGAL BLANK CO FORM NO. 10148 ReIn July 19, 1999 19 Mr. Peterson commented part of the problem in the southwest was that development pressure was intense - both retail and corporate. The Development and Planning staff should be given credit for keeping up with the pace of development. In this area, - however, the infrastructure to accommodate the development was not in place. Development should not dictate where the infrastructure goes, but vice versa. The CIP has been modified in response to the concerns raised by the residents, and several projects have been moved up or added. Overall, the plan does improve the quality of life for the southwest. He is in support of the neighbors and Council members who have worked on this plan and is looking forward to its successful implementation. Ms. Hide Pittaluga noted that she is in agreement with all of Mr. Peterson's comments. Mayor Kranstuber agreed that these are quality of life issues. The plan is very comprehensive and takes the entire area into consideration. There have been many compromises during the process. The plan will improve the aesthetics of the area and will improve the currently substandard two-lane Wilcox Road. Traffic flow will be improved, the parkland areas will be enhanced, and bikepath links will be increased with the implementation of this plan. Mr. McCash stated that the task force looked at the current issues, the City's past commitments, and the many planning documents that were adopted by the City for this area. This has been a comprehensive effort engaged in by a large group of representatives of the southwest neighborhoods. Implementation of the plan will - change the southwest area to a place that the residents can be proud of. Mayor Kranstuber moved to adopt the recommendations of the Southwest Traffic Task Force and to direct staff to take any necessary action for implementation, i.e., amendments to the Thoroughfare Plan, the CIP, the operating budget, etc. For clarification purposes, he noted that the minutes of the Southwest Traffic Task Force contain specific motions in regard to the Plan. Mr. McCash seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, no; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes. Mayor Kranstuber thanked the members of the Southwest Traffic Task Force and all of the individuals who testified tonight. Mayor Kranstuber noted that at this time, the public hearing of Ordinance 124-98 will resume. SECOND READING & PUBLIC HEARING - ORDINANCES Ordinance 124-98(Amended) - An Ordinance Providing for a Change in Zoning for 28.773 Acres Located on the West Side of Dublin-Bellepoint Road, Directly South of 1-270, from: R, Rural District, to: PUD, Planned Unit Development District (Cardinal Health South Campus Plan) ,..-., Mr. Reiner left Council Chambers indicating that he would abstain on this matter. Mr. Hale stated that he and Cardinal's representatives met with Jonathan Smith as directed by Council, but there has been no resolution to the matter. Cardinal's position is that an offer was made to this property owner in February of 1999 and no response was received. Another offer was made to Mr. Smith in April which Cardinal believes was in excess of fair market value and which included 2 or 3 years of free occupancy. Cardinal received no response. Cardinal assured the Planning Commission that they would continue to work with the property owners and that they would leave the offers open. In regard to Mr. Smith's reference to right of first refusal, Mr. Hale stated that it is his opinion that this right does not run to Mr. Smith but only to the previous property , I Ii 'II " " ill 'Iii,!! .! Ii>!,' 1'1 111:!j,!!tll'I"t'W;ll"~: Ii ! I RECORD OF PROCEEDINGS !_Q___U_Q__'W,__~~u_u~_~uMLllU tes-2LQ_U~-~U~u_u-~~-DriD1~urvCr-~--w"lrrvrew3f~-U~-QU_W-Q_WW_W_~_u_'--~-Mu-~Page1u5'u---u_~--_uw~ Meetin,.g u m 1 y ounCl ee mg " __Q_~~U_'U U_Q_U__W,__u o YTON LEGAL BLANK CO. FORM NO. 10148 Helil July 19, 1999 19 owner. This right also did not exist if the property were to be developed; consequently, there is no "right of first refusal" issue involved. Cardinal has offered to grant a deed to Mr. Smith of a 3,000 square foot strip of land ..-..-. which will provide access to his property versus the easement Mr. Smith currently I possesses. They are willing to have this included as a condition of zoning, provided , that Mr. Smith accepts this. Mr. Hale noted for the record that Cardinal has agreed to return to Planning Commission for additional review as previously described, and the zoning and previous agreements with the City indicate that Cardinal will not occupy a building on this site for four years, and that the west campus would be built first. Mayor Kranstuber asked Jonathan Smith if this is consistent with his understanding of the agreement. Jonathan Smith responded that he has not agreed to anything. He believes that he has right of first refusal on that strip of land, and that this must be executed in order to secure his property from the development. If he does not have right of first refusal, he would have no choice but to accept this deed. He is not comfortable with the protection from development at his property line - the development will be 26 feet from his bedroom window. He noted that he had an attorney review his documents, and the attorney indicated that they are ambiguous. He has not retained an attorney in this matter. """"":>00.,. I The Law Director noted that, after a cursory review of the document, it is his opinion that the easement was granted to Mr. Beal and his successor, but the right of first refusal runs only to Beal with no successors. Unless there is other documentation, Mr. Smith does not have right of first refusal. He added that Mr. Smith will continue to have ingress and egress on the easement; Cardinal was offering to deed him the property so that he would own it in fee simple. Mayor Kranstuber noted that after the zoning is approved, Mr. Smith may lose negotiating ability. Mr. McCash asked Mr. Smith why he did not raise his issue during the Planning & Zoning Commission meetings. Mr. Smith responded that, at the time, he believed that Cardinal was interested in purchasing his property. Discussion followed about the fact that there was no response to Cardinal's offers to purchase his land. The discussion concluded, and Mr. McCash and Mayor Kranstuber suggested that Jonathan Smith propose a counter offer to the Cardinal representatives. ,......., Mayor Kranstuber asked Mr. Hale to give his presentation regarding the density issue. Mr. Hale noted that staff had recommended a 317,000 square foot density for the project. Planning Commission recommended 260,000 with a conditional use allowing up to 360,000 square feet based on traffic studies. Cardinal preferred the 317,000 square feet which would provide them certainty for that amount in the future. However, the Planning Commission felt more comfortable with the lower number. Cardinal would prefer to have the fixed 317,000 square foot density. Cardinal has committed to build high quality buildings on the south campus, and they have worked very hard with the neighbors on the plan. Mr. McCash commented on the Planning Commission process. The Commission questioned how staff arrived at the 317,000 number. Another issue was that what was I I ill ,. 'I 'J ili:;!! : 11>1: .,. . t.":J'tt'I:. '1":'I:,:;~.Hr:J"I!,qMttmH ....,.J. !Y*fJ'III;:t':I!'1f:'!."'_II~"'H'II"II' ~ 111'~'~INH;",'!i~;* I; '1 RECORD OF PROCEEDINGS 'QmQ~~mQQ'#Qm~~~~N~~~m~m~~Mjn~~esmNm2Lm~,m'~#Q'~mN~~#~m~~~rriI51ifiT~ity CohncnNMeering~~~~N~~~'~m~~#-~~Paget6~Qm#mmmN~~Qm~~eeti~Bm#m~~WdNmQmmQm~ DAYTON LEGAL BLANK CO. FORM NO. 10148 Belel July 19, 1999 19 tested in the Community Plan was a density of 110,000 square feet of office plus multi- family on the site. There were two very late night sessions of P&Z on this case. Everyone on the Commission was comfortable with the 260,000 foot density. The -. concern was with what happens at build-out and with the recommendations in the Community Plan. The compromise was to recommend 260,000 with a conditional use for up to 360;000 based upon a traffic study undertaken no sooner than eight months prior to filing for final development plan. From the date of conditional use approval, construction was to begin within two and one-half years. Mayor Kranstuber asked if there is any support from Council for the 317,000 square foot density recommended by staff. Mr. Peterson stated that if this is acceptable to staff and to Cardinal, he would support the 317,000. Ms. Hide Pittaluga indicated that she could support staff's recommendation. Mrs. Boring stated that she has concern about not supporting P&Z's recommendation. Mayor Kranstuber indicated that he will support the staff recommendation of 317,000 square feet. Mr. Hale indicated that Cardinal is willing to accept the 317,000 fixed density, - understanding that they cannot request a higher density at a future date. The Law Director suggested that Council then amend the condition appended by P&Z to a density of 317,000 square feet not to be altered in the future. Mayor Kranstuber moved to eliminate Condition 1 and insert in its place a fixed density of 317,000 square feet not to be altered in the future. Mr. Hale agreed to this condition. Mrs. Boring stated that this is not meant to indicate that she does not appreciate the work of Planning Commission; however, she is more comfortable with a fixed number than the possibility of a higher density in the future. Ms. Hide Pittaluga agreed with this statement. Vote on the motion - Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mr. McCash, no; Mayor Kranstuber, yes; Mrs. Boring, yes. Vote on the Ordinance - Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mayor Kranstuber, yes. Bill Marx. Director of Real Estate. Cardinal Health thanked Council members, Planning Commission and staff for alltheir work on this project over the last nine months. A lot of effort and energy has gone into this in terms of the economic ,,/"""'""I development incentive agreement and the rezoning. There were compromises made on both sides, and the end result is very good. As a matter of record, he noted that the changes made tonight are subject to senior management approval. He will make every effort to secure this approval. He thanked Council for allowing them to participate in this process, noting that Cardinal Health looks forward to a long and prosperous future in the City of Dublin. Request for Waiver of Tree Replacement Fee under Recent Tree Preservation Code for The Preserve (Applicant: Stephen G. and Margaret V. Nelson, 2739 Wulfert Road, Sanibel, Florida 33957; and The Daimler Group, Inc., c/o Paul G. Ghidotti, 1533 Lake Shore Drive, Columbus, Ohio 43204) Ms. Clarke stated this is a request for waiver from the fee that is associated with tree removal. She showed slides of the site which is to be developed as three office RECORD OF PROCEEDINGS ,www#~~#"~d"#w#~~w"w~~w~J~:11!!}!!~~ff~..2I~~wwd~##~ff~ffwdwffWW~d~ww~~-rr"itmr~Cirm~W~h~1l'\:reerWd'WW~W'~W~W'_W'~W_#~W~NW~~T7WW~~NW_~#W~ff~#~e~ting u m 1 y ounCl ee mg age ~~Wff""#W"N'Wd#W~~h' DAYT N LEGAL BLANK CO.. FORM NO. 10148 Hel 19 buildings. The applicant has a desire to preserve some trees at the back of the site and to plant replacement trees. The site plan was redone to preserve as many trees as possible, resulting in less convenient parking on the site. The fee associated with ~ removal of hundreds of trees over six inches in caliper is over $200,000. The applicant , is requesting relief from this fee. Mayor Kranstuber moved to approve the waiver. Mr. McCash seconded the motion. Mrs. Boring commented that the waiver makes sense and points to the problems with the tree preservation ordinance. She will be interested to see if a fee waiver will be granted to a homeowner who plans to build an expensive home in the future. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, no. Council Round Table/Committee Reports' Mr. McCash thanked Mr. Kindra for his efforts with the traffic signalization for US 33 and Post Road. Mayor Kranstuber moved to adjourn to executive session for discussion of land acquisition, personnel and legal matters. Mrs. Boring seconded the motion. V ote on the motion - Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Mayor Kranstuber announced that the meeting will not be reconvened following the executive session. The meeting was adjourned to executive session at 10:55 p.m. {JP/~ Mayor - Presiding Officer arw-~A Cl ~ Clerk of Council .r-, !