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Home My WebLink About09/20/1999 . I 1~f"!jjIJ,'e::l1Vj! I: 1 , RECORD OF PROCEEDINGS Minutes of Meeting W"'~QQ'W",..W.UN.""W.#..._w~.w."~W~WUWQM#"#Q'W"Q"WQ~'-'Q~"qWl""NWQ"NQQI~QQ#"MQ~"q_W~-'UQTI"Ub11nITfy"Q~ounciTlV[eetmgW~_d_"~_NW~'U~UW~'''UWQ''-'Yage#TwUQd_dW'QQ~"#Q"W~Q#W_"WWd~W'.~~W_WW#Q...~Ud_"'~"QW"_QQQ.Q"",# DAYTON LEGAL BLANK co., FORM NO. 10148 " Hel~ n 1 ">f'l 1f'lf'l" 19 , Mayor Kranstuber called the September 20, 1999 meeting of Dublin City Council to order at 7:00 p.m. Mr. Reiner led the Pledge of Allegiance. r- Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. Adamek, My. McCash, Ms. Hide Pittaluga and Mr. Reiner. Mr. Peterson was absent (excused). Staff members present were: Mr. Hansley, Mr. Helwig, Ms. Grigsby, Mr. Smith, Mr. Harding, Mr. Kindra, Ms. Clarke, Mr. McDaniel, Police Lieutenant V onEckartsberg, Mr. Hahn, My. Husenitza, Ms. Heal, and Ms. Crandall. . Approval of Minutes of Meeting of September 7,1999 Mayor Kranstuber moved approval of the September 7, 1999 minutes as submitted. Mr. Reiner seconded the motion. Vote on the motion - My. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes. Correspondence The Clerk reported that there is no correspondence requiring Council action. Citizen Comments Skip Lange, 6983 Parnell Court stated that he is a resident of Shannon Park and understands that a petition is being circulated to remove "no parking" signs along their ~ streets. He has lived at this location since 1983 and was a member of the group that requested the signs be installed to discourage student parking. It is a "catch 22" situation as the residents cannot have their chi~dren,or maintenance persons park along the streets due to the restrictions. The ticketing of offenders is not consistent, as some are ticketed and others are not. He added that a neighbor recently received approval from the City to park a trailer in the yard. Yet Mr. Lange noted that he is unable to obtain permission from the City to widen his driveway. Some of the neighbors have suggested a sticker program so that residents could park in front of their homes. He believes that removing the no parking signs will lead to parking problems with the high school students. He wants Council to be aware that he and his neighbors are opposed to removal of the no parking signs. Lt. V onEckartsberg stated that the Police division does not support institution of a sticker system. However, the Engineering Division could issue a temporary parking permit for the duration of a construction program at a home, i.e., roofing or maintenance. Mayor Kranstuber commented that if and when the neighborhood brings a petition to Council for removal of the signs, Council will then make a determination of how to handle this request. Perhaps it will be referred to Committee for further study. Mr. Hansley added that if a true majority of the residents want the signs to be removed, ,~ staff would recommend removal for a specific period of time. He noted that the City now allows high school students to park in the City lots to alleviate the parking problems. In response to Ms. Hide Pittaluga's question regarding parking of trailers, Ms. Clarke stated that if trailers are parked in the public right-of-way, enforcement is a Police and Engineering division issue. On private property, City Code allows recreational vehicles to park on residential property for a two-week period; anything beyond that time period requires screening. She will ask Greg Jones, Code Enforcement to check on the trailer parking issue. Wallace Maurer. 7451 Dublin Road asked if Council members have viewed the proposed route for the Dublin Road bikepath between Brandonway and 161 as he had requested. ! ': I Ii ill Liill..111 I: i.1 !lli;,Hll:l,ii"fJ;li:'i'I:,1 I RECORD OF PROCEEDINGS WQQ_"QQ_W"QQ~M_U~'''~QQQ"w~n"uw_~"w~Q_J~i!!l}!!_~~n_n2Ln_n''nqqQ_QQ"_Mn~",,~u_n"nu_~"QQlYU61rnT1ty"C"ouncinVIeeriD:gn_"""n~n_~"QQ-"~~nQQ_U_-Fage-Z-Q-~-"n_~,,,,,_,,~~e!!~~__Q"wn"_n_""MQ DAYTON LEGAL BLANK CO.. FORM NO. 10148 Hel 19 Mr. Reiner responded that he drives this route daily. He then invited Mr. Maurer to dinner and to take a bikepath in Dublin to promote understanding of the public purpose of this proj ect. r--_ Mr. Maurer accepted the dinner invitation. He noted that while he is aware of the powerful argument of the culturally unifying effects a bikeway can have on a community, there are other issues involved for these particular properties along the proposed Dublin Road bikepath. Ms. Hide Pittaluga left the Council Chambers at this point. Karen Pierce, 7356 MacBeth Drive presented a petition from her neighborhood which she read into the record. It requests that City Council appoint a task force composed of east side community residents and Council members to study issues of health, safety, welfare, and quality of life concerning sewer and water lines and the provision of such services for residents of the east side, and to bring forth recommendations to Council. She added that her neighbor across the street has no water because the well failed, and three well drilling companies have told him that a well cannot be drilled due to a cavern condition. Her own well has recently shown signs of increased sand and mud, and several well drillers have turned down well service work on her property. They would like Council to investigate the situation and consider some alternatives for the neighborhood. - Susan Olesik. 4410 Hanna Hills Drive presented Council members with technical information on the geology of the soil in the area. She has lived on Hanna Hills Drive for seven years and is a professor in the Department of Chemistry at OSU. Her husband is a professor of Geology at OSU. She explained that the karst topology in the neighborhood has resulted in several sink holes. This soil type also results in the surface water mixing with well water during rainfalls causing the filtering system to fail. In addition, there is an area storm sewer tile that has been broken since 1995 which the City has not been able to repair, despite repeated attempts. Another geology professor noted there was raw sewage coming from the storm sewer, which means that a septic system in the area is leaking. There is much documentation ofthe leech beds leaking into the karst topology. This is a serious health problem and needs to be addressed. Until these septic and well systems are replaced with City facilities, there is no way to stop these problems from occurring. She is asking Council for assistance. Mr. Hansley commented that this issue was brought up in the past. At that time, the City commissioned an engineering study and presented the results to the neighborhood. The citizens decided that the costs for water and sewer were prohibitive. He explained that the normal process in the state of Ohio for utility extension is that the citizens pay a pro- rated share of the costs for extension and a tap-in fee to hook into an existing system. Council recently directed staff to obtain engineering proposals to determine the cost per unit for utility services to the Hanna Hills area. The engineering proposal had to be rebid ~ because the costs of the study came in too high. He would recommend that Council tonight authorize staff to add the MacBeth and MacDuff areas to the engineering study already underway for Hanna Hills. Discussion continued regarding the past problems with wells in this area. Mrs. Boring commented that this is a quality of life issue for the residents, similar to the quality oflife issues recently addressed by the Southwest Traffic Task Force. The east side residents should not have to wait for development to occur in order to obtain a safe water supply. She proposes establishment of a task force on this issue as petitioned by the residents. Mayor Kranstuber stated that Council has only tonight learned about the issue regarding mt"I~'I:"'.':,1~~!lt.'1' 1; 1 I RECORD OF PROCEEDINGS Min u t~~b_u2i~u_WMd'WU_b~_M"U'#bU_b~'''_''#-~TIwI51--"--C~ty~COCWd-"~iIl\~:t~Q'f~"~_W~W~'~U_d_'_UUMQ_M_Q-~~Ud~Ftd-"~UYMU_W-"~d'~U__Ql~,,,,,~~~tL~S:"bW_Q_M'IQUdM"~"d' '_WU"'WU_"U_~QU_"".WU_WU_"M_U_WU"b_d'M~U_WU"b""MMQ ,. u In I ouncI ee Ing age DAYT N LEGAL BLANK co. FORM NO. 10148 Held September 20, 1999 19 water and sewer service for MacBeth and MacDuff. Staff is working on the water and sewer service issue for Hanna Hills residents as previously requested. ....-- Mrs. Boring noted the Hanna Hills residents were told the study would be completed by July 15. Council needs to make this issue a priority. Mr. Adamek moved to include MacBeth Drive, MacDuff Drive and Dan Sherri Avenue in the engineering study already underway related to providing water and sewer services to Hanna Hills Drive and Bellaire Avenue. Mr. Reiner seconded the motion. In response to Mayor Kranstuber, Mr. Helwig noted that staff has executed the contract with the engineering firm and this portion can be added to the scope. A community meeting will be scheduled shortly. Mr. Kindra stated that the goal is to have an informational meeting for the residents before the end of the year. He will provide a memo to Council about the status. Ms. Olesik asked what the City will do ifthe neighbors do not agree to connect to the water and sewer service because of the expense. Mr. Hansley responded that ifPranklin County Board of Health condemns the sewer and/or water system for the area, the Board could issue an order and assess the costs to each individual property owner without citizen consent. - Mr. McCash commented that Council fIrst needs to commission the study in order to make a policy decision on this matter. " Perhaps the City can use its fiscal resources for the health and welfare of residents in the same way it uses resources for economic development purposes. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, abstain. Mrs. Boring asked if the study could also include the Grandee Cliffs and Jenmar areas. Mayor Kranstuber responded that these areas were not included in the motion, and he does not support adding areas where residents have not requested such a study. Staff Comments There were no staff comments. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 66-99 - An Ordinance to Establish CC, Community Commercial District Zoning for 0.698 acres Located between Tuller Road and 1-270. (lnfiniti 99-061Z) (Applicant: Savoy Properties Limited, clo Dan Schmidt, 454 East Main Street, Suite r-- 230, Columbus, Ohio 43215) i Ms. Clarke stated this is a rezoning for a small piece of property on the north side of i Tuller Road. The existing Infiniti dealership occupies approximately nine acres, and with the reconfiguration of the Sawmill interchange, there is some additional right-of- way available to them. The proposal is for the site to house a used car building and additional display parking. The Planning Commission approved this on September 2, 1999 without condition. Mrs. Boring asked if the corridor development district application will again be reviewed by Planning Commission after the application is refined. Ms. Clarke stated that the rezoning application was reviewed by the Planning Commission in July, and since that time, there have been several more hearings before RECORD OF PROCEEDINGS Minutes of Meeting 'QQ'~_U_~U_'''~''''~U~''dW~_~Q_ddQQ~WQ~__~U~''IQ''Q_''WQ~W1~~_Q_dW'~_U~MWI~'C~QIQQ_~_~QQWNQ_~'~WQ_lQd'UU51in"'Crty~CoUi1ciT1Vreefiiig~~-~-Q-~q-Q~wQU~~IQ~Yage4-~'~~-~'''-QQ-''~~QQ'''--~-~~__''QdM_dUWQQddW",W'cWcm DAYTON LEGAL BLANK co.. FORM NO. 10148 Hel 19 the Commission to refine the corridor development district application. Mr. Reiner asked if this application aesthetically meets all of the community standards - in this high visibility area. Ms. Clarke answered affirmatively. Vote on the Ordinance - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes. Ordinance 97-99 - An Ordinance Accepting the Lowest and Best Bid for the Purchase of Two (2) Dump Beds and Related Equipment. Mr. Hansley stated staff is recommending award of the bid to the low bidder. Vote on the Ordinance - Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Ordinance 98-99 - An Ordinance Accepting the Lowest and Best Bid for the Purchase of an Aerial Life/Bucket/Utility Truck Bed and Related Equipment. Mr. Hansley stated staff is recommending award to the low bidder. Vote on the Ordinance - Mr. Reiner, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Ordinance 100-99(Amended) - An Ordinance Amending Section 132.03 of the Dublin Codified Ordinances Establishing Limitations on Noise Emission. --. Mr. Hansley stated that this ordinance has been amended since the first reading, based on discussion at the Council meeting of September 7. Ms. Crandall is present to respond to any questions. Mr. McCash noted a concern with two items. He is uncomfortable with adding City construction operations to those being exempted from the ordinance. The equipment for a City project and for a private project emit the same level of noise. Mr. Hansley stated that the basis for this is that the City construction operation could be related to an emergency project. Mr. McCash stated that there is already an exemption for emergency work under No. 8. For normal activities, he does not support exempting City projects. He moved to amend the ordinance to add the language, "construction operations conducted by the City as approved by City Council." Mrs. Boring seconded the motion. Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes. Mr. McCash noted his second issue relates to the loading and unloading of commercial waste receptacles between the hours of 7:00 a.m. and 9:00 p.m. He would like to add ,.....- to that section language relating to the proximity to a residential area. Discussion followed about the appropriate distance from residential property. Mr. McCash moved to amend the ordinance in Section 6B(4) to read, "The loading andlor unloading of commercial waste receptacles between the hours of 7:00 a.m. and 9:00 p.m. within 500 yards of any residentially zoned property." Mr. Reiner seconded the motion. Vote on the motion - Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes. Ron Trick. 7985 Riverside Drive testified that he supports the amendments and the noise ordinance in general. He has had recurring problems with a neighbor's barking dog, and the Police have not been able to resolve the situation. He is hopeful that this RECORD OF PROCEEDINGS Minutes of Meeting "_WQq"""""_""_'_"W'UQ_U_QU_W~QI"_U~_~U~_W_QU'_"_UQQUQ_"QUW~~"UQ-,~~wQq"'UQwQUQU"U_Q-""U"_U~"QUwQUQU"UQUuDlin"CrtyCoun61rMeetrfiIr-~-~-"'UQQU~QU~~'~-QUPagt:r)--UQ-"-_uQqQU-~~"~"QUQU~"w,uQlw~w-_U~'UQ_",~",,,,, - DAYTON LEGAL BLANK CO., FORM NO. 10148 Helci September 20, 1999 19 new ordinance will help to address the problem. Mayor Kranstuber suggested that Council approve this as emergency legislation instead .- of waiting 30 days, as Mr. McCash is aware of other existing problems with noise in , the City in addition to the situation described by Mr. Trick. Mayor Kranstuber moved to treat this as emergency legislation. Mr. McCash seconded the motion. Vote on the motion - Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. Vote on the Ordinance - Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Ordinance 101-99 - An Ordinance Establishing Section 72.021 Regarding Excessive Noise Emanating from a Motor Vehicle. Mr. Hansley stated that staff is recommending adoption at this time. Vote on the Ordinance - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Ordinance 102-99 - An Ordinance Establishing Section 150.160 and Amending Section 153.076 of the Dublin Codified Ordinances Providing for Restrictions on Construction Noise and Setting Time Parameters Within Which Construction Operations Are Permitted. - Mr. Hansley stated that staff is recommending adoption at this time. Vote on the Ordinance - Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Adamek, yes. Ordinance 104-99(Amended) - An Ordinance Amending Chapter 35 of the Codified Ordinances to Revise the Fee and Service Charge Revenue/Cost Comparison System and Establishing a Schedule of Fees and Service Charges for City of Dublin Services. Mr. Hansley stated that this ordinance has been amended based on review at the Finance Committee. Staff is recommending adoption at this time. Mr. Adamek, Finance Committee Chair stated that when reviewing the S-160 CRC rental rates, staff noted that the fees approved for the CRC in Ordinance 65-96 should be incorporated into the master fee ordinance. Staff has not recommended any changes to the existing fees other than what was discussed at Finance Committee. For fee S-143, block party packages, staff recommends that a second time user in the calendar year be charged $150 to ensure that all neighborhoods have access to the equipment. Mrs. Boring moved to amend the ordinance to revise the block party package fee for civic associations for a second time user in a calendar year to 50.00. r' Mr. Reiner seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Mr. McCash expressed gratitude to the Committee for their recommendation to lower residential building alternations to a flat fee. He was confused about the fee increase for residential fence permits. The concerns expressed at the Committee level about fences should be addressed through the fence ordinance and not the fee ordinance. Mr. Adamek stated that the Committee felt that a higher fee would serve as a deterrent to fence construction. Vote on the Ordinance - Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; RECORD OF PROCEEDINGS Minutes of Meeting "~WU_U~"_M'M_Hl""'~~U_U~U"M_"_Q_"_UQ_"_Mqq'''I~~Q,,~lqq'"qq#~u~"~'U_'HI,qq~'#_U'_Q~HI"-Q_M'Mnii15rrn'CiTy-'CounciT1V[eefing--Q_~~Q'QM__U_#~~u-"'U"~ag(ro-QHI~U~'~'~_ff~__Q_~~_HlQ'"""'UHlM_II_U_HlUII_' DAYTON LEGAL BLANK co.. FORM NO 10148 Hel~ ~ , "l(\ 1(\(\(\ 19 , Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes. INTRODUCTION & FIRST READING - ORDINANCES - Ordinance 108-99 - An Ordinance Accepting an Annexation of 1.5+ /- Acres in Washington Township to the City of Dublin. (Schiff property) Mayor Kranstuber introduced the ordinance. A public hearinglsecond reading will be held at the October 4 Council meeting. Ordinance 109-99 - An Ordinance Providing for a Change in Zoning for 2.07 Acres Located on the South Side of Shier-Rings Road, Approximately 350 Feet East of A very Road, From: PCD, Planned Commerce District, To: PCD, Planned Commerce District (Performance Films, Lot 9, 6365 Rings RoadlFile No. 99-077Z). (Applicant: George Lewis, Tara Group Ltd., 6365 Shier Rings Road, Dublin, Ohio 43016, clo Christopher P. John, P.O. Box 370, Dublin, Ohio 43017) Mrs. Boring introduced the ordinance and moved referral to the Planning & Zoning Commission. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. Ordinance 110-99 - An Ordinance Providing for a Change in Zoning for 80.59 Acres Located in the Northwest Quadrant of the I-270/Sawmill Road Interchange, From: CC, Community Commerce District, and R-l, Restricted Suburban - Residential District, To: PCD, Planned Commerce District (Hines 1 DevelopmentlFile No. 99-091Z). (Applicant: Ben Hale, 37 West Broad Street, Suite 725, Columbus, Ohio 43215) Mr. Adamek introduced the ordinance and moved referral to the Planning & Zoning Commission. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Mrs. Boring moved to recommend to Planning & Zoning Commission that they consider very carefully the adopted Bright Road Area Plan and Community Plan in their deliberations on this rezoning. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes. Ordinance 111-99 - An Ordinance Accepting the Lowest and Best Bid for the Dublin Municipal Pool Improvement Project, and Appropriating Funds Therefor. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that staff is requesting that this be held over for a second reading. Mayor Kranstuber noted that he had forward a copy of renderings of the Grove City ....-, municipal pool in the packet. t ! There will be a public hearinglsecond reading at the October 4 Council meeting. I Ordinance 112-99 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 1999. (Right-of-Way Acquisition for Emerald Parkway - Shier Rings Road to Innovation Drive) Mayor Kranstuber introduced the ordinance. Ms. Grigsby stated staff is requesting that Council dispense with the public hearing and adopt the legislation tonight. It is follow-up legislation to an ordinance passed earlier in 1999 relating to the acquisition of the right-of-way and easements necessary for the construction of the Emerald Parkway overpass from Perimeter Drive to Innovation Drive. Mrs. Boring moved to dispense with the public hearing of the legislation. l I ,I II , ",, ",) I 1 I'j I { 'I 1::,1' ',,,'lhU'I,;1 ')fl"I'~3,,~j~~;~i\l'1!Ht'I:!:im ',:j 1\: U1iffl~Ij;Nt;,~:IW,'in1:dt ,:"n1;'f<!ll'n't'~rUl":;: 1; i I RECORD OF PROCEEDINGS Minutes of Meeting u_~~~wUl"_QWanUl"":t5rQW--#c>Qr"UlWc~#UI-"-"m"QW-'u-"-Q-QW'''-''-'~UI"'QW-~'''#UI~~UI~_#_~1'"'"UI~#~7~Q-Ul#_#UlQ_#_~#''_#~_w_~,QW_#_~'~'UlUI~#__U~_'_QQU_QW_'"" UlQ~WQU~"UI##QU#_##,"_QW"QUI"_QW_~#QQWQW~'_Ul~"#U~U_"_'#lQW#~QQU_~QW__~~Q_#~#_"_U_ - 'u In 1 y OunCI ee Ing age DAYTON LEGAL BLANK CO., FORM NO 10148 Helri September 20, 1999 19 Mr. McCash seconded the motion. Vote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mayor Kranstuber, yes. - Vote on the Ordinance - Mr. McCasn, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes. Ordinance 113-99 - An Ordinance Accepting the Lowest and Best Bid for the Coffman Park Entry Feature Project. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that staff is requesting that this be held over for public hearing at the next meeting. There will be a public hearinglsecond reading at the October 4 Council meeting. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 37-99 - A Resolution Appointing a Member to the Parks and Recreation Advisory Commission. Mrs. Boring introduced the resolution, noting that it appoints Richard Foster to a one- year term on the Parks and Recreation Advisory Commission. Vote on the Resolution - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes. Resolution 38-99 - A Resolution Accepting the Amounts and Rates as Determined by the Budget Commission, Authorizing the Necessary Tax Levies and Certifying Them to the County Auditor. - Mayor Kranstuber introduced the resolution. Ms. Grigsby stated this is an annual requirement per the Ohio Revised Code. It confirms to the county auditors that the millage rates are accurate for the City of Dublin. Vote on the Resolution - Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes. Resolution 39-99 - A Resolution of Intent to Appropriate a Fee Simple Interest Consisting of 4.750 Acres, More or Less, from John A. Aman, Jr. and Beth H. Aman in Property Located North of Rings Road and West of Wilcox Road, in the City of Dublin, County of Franklin, State of Ohio. Mayor Kranstuber introduced the resolution. Mr. Smith stated that Resolutions 39-99 and 40-99 relate to the acquisition of greenspace in the southwest area, as recommended by the Traffic Task Force. An agreement has been reached with both property owners based upon the City's appraisal. The acquisition is being done by eminent domain in order to clear the title of some existing deed restrictions. Vote on the Resolution - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes. - Resolution 40-99 - A Resolution of Intent to Appropriate a Fee Simple Interest Consisting of 1. 713 Acres, More or Less, from David Seares Pitzer in Property Located North of Rings Road and West of Wilcox Road, in the City of Dublin, County of Franklin, State of Ohio. Mr. McCash introduced the resolution. Vote on the Resolution - Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. Mayor Kranstuber asked the Clerk to notify the members of the Southwest Traffic Task Force of this action of Council in regard to parkland acquisition. Resolution 41-99 - A Resolution Designating the City Manager to Act as the City's Official Representative and Authorizing the City to File Application and Enter Into i I I il "I .1,' i\,j,;. 'j mi:~nW:~i, .,ji.il I :' !I 1_" ~;;;,+_, SI,:.{~,;+'"i-tjiiiii1!i~~'l&lhHi\l.!I: ,: L!'!' lt~IJI~W t'lt:i"'~"II": r fWII\!'m:f?<r1 "~"~mJlI\'" l' r RECORD OF PROCEEDINGS Minutes of _ QQ-DrLD1'-'-Qlr~ "~"Cr'""'''QQQI'-''''':r1Vt''-:rUW-QQ"''QQUWUWW_UW_Q''''"-QlUWUWQ-'QQ~QI''QlQlUW_QQ'_p:QlQI"Q"QlW-S"_"QQ"'QlQQ"Q_'_W""QI"UQ_q_'''QQuww~!:!1!~JiL,,~uwq,,'uw_uw,__ ""'''UWUW,__,_uw"_W''UQ'UW_UW,,,,",,"~,~~'UW''QQ'''.''~UW''ff''-UWUW--_UW~-''__,,"':~UW"~"Q_"W" -" U In ify oUncI ee Ing age DAY1"ON LEGAL BLANK co. FORM NO. 10148 ," , Helcl September 20, 1999 19 Agreements With the Ohio Public Works Commission for the Purpose of Acquiring Grant Funds Through the State Capital Improvement Program/Local Transportation Improvement Program. ,...-..., Mr. Adamek introduced the resolution. Vote on the Resolution - Mr. Reiner, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Resolution 42-99 - A Resolution Adopting a Traffic Calming Policy for the City of Dublin. Mayor Kranstuber introduced the resolution. Mr. Hansley stated this policy has been recommended by the Community Services Advisory Commission. The Chair of the Commission is present to respond to any questions. Mrs. Boring asked why a specification for street standards is one of the criteria for traffic calming measures. Mr. Kindra responded that the street standards relate to drainage which could interfere with traffic calming devices. Mrs. Boring noted that the Muirfield area would then not be eligible for traffic calming, as they do not have curb and gutter. Other older streets in the City, such as Post Road, Bright Road, Summitview would also not be eligible for traffic calming. Mr. Kindra confirmed this. ,,~ Mr. McCash stated that he is concerrled that the solution always seems to be speed humps because of their low cost. There are many other types of traffic calming measures available. Mayor Kranstuber asked Rick Gerber, Chair of Community Services Advisory Commission to comment on the proposed policy. Rick Gerber. Chair of the Community Services Advisory Commission responded that the language regarding specifications for streets could be modified so that it could include all streets. He doesn't believe this would be a problem. Mr. Hansley suggested that the language state that the street must have standard curb and gutter section or that the drainage must be addressed in some manner in order that traffic calming does not interfere with local area drainage. Mr. McCash commented that on streets where there are no curbs, there are drainage ditches. People trying to avoid the speed humps could possibly drive across the drainage ditches. The curbing would deter this. Mr. Adamek agreed it would be important to keep traffic in the right-of-way and not in front yards. '~ Mrs. Boring asked how a determination is made that cut-through traffic is actually cut- through and not residents. Mr. Kindra stated that in this type of study, the cars entering and leaving the area are counted which enables those conducting the study to make a determination of how much is cut-through traffic. He added that much of this traffic calming policy is based upon the policy in place in Columbus. Much research has been done on the topic, and it was provided to the Committee. Mr. McCash asked how priorities are set for traffic calming measures. Mr. Hansley responded that it is basically a budget decision, and Council can make the ! !I' I I' 'i -I !"I; '1i"!!'I' ',,;; ;,","'11/11" ,!!: ,:~~, ~l I ' ' --', , 1'1 RECORD OF PROCEEDINGS ~nule.sQf""_w,""W~"'~"_""WWW"W""""""""'_"~~'"""""""W""~"_"~""""'''W~""","_~_'''''''''QW~"_",~",,,,Q_"'_"_''''''W'''''''"""""~W""~,,_""~'"WWW~,,~""'''W''''''"'''''''''W''W''''""_W"'''''''~'W'''""""""_M'""_'_""_"MMQe"elin~'''Q''''Q"''''''''''Q"''''''" """w""'m""Q"M'M""_"""'''WW"''~'' " 'W, ,m, Dublin City Council Meeting Page 9 DAY I ON LEGAL BLANK INC.. FORM NO 10146 I Held Scptcmber 20, 1999 , (YEAR) judgment based on the amount of funds available for traffic calming. Mr. McCash pointed out that it would be important to include not only the main -... collector streets, but also the cul-de-sacs and loop streets connected to the main street. I Mr. Hansley stated that under Guideline D, staff would make the determination of how far out from a main neighborhood street to take traffic calming measures. Staff will work with the residents to define the area where traffic calming is needed in a particular area. Mrs. Boring suggested referring the policy back to the Community Services Advisory Commission to incorporate the changes discussed tonight. Discussion followed on the best method to incorporate the changes discussed tonight. Mr. Hansley suggested that Ms. Crandall prepare the amended version for Council's consideration in two weeks. Action on the resolution will be postponed until the October 4 Council meeting. OTHER Discussion of Tree Preservation Ordinance Mr. Smith stated that he provided a detailed memo to Council on September 1, 1999 regarding this issue. Subsequently, Mrs. Boring spoke with Ms. Clarke about the .....- language in the final draft of the tree preservation ordinance in regard to exemptions. " Ms. Clarke explained that in Council's deliberations regarding exemptions from the tree preservation ordinance, the terms final plat and final development plan stage were discussed. Clearly, the intent was that all property which did not have final plat approval would be subject to the tree preservation ordinance. A property having preliminary plat or rezoning approval would not be eligible for an exemption. Staff determined, however, that there is a class of dey~lopment that was not addressed during the discussion which is for applications not required to go through the platting process or final development plan process, i.e., straight zoning districts such as CC or SO. For this reason, staff added language to address this item, similar to what was used in the lot coverage ordinance. Staff also exempted from the tree preservation ordinance anything which had already been through the development approval process, including a certificate of zoning compliance. This is intended to cover an applicant who has obtained a certificate of zoning compliance as part of the building permit so that a revision to the building permit would not trigger application of the tree preservation ordinance. After she reviewed the tape of the Council meeting, it was clear that Council's focus in the motion was different from that of staff who drafted the amendment. Council's focus was that of preventing surprises to a new single family lot owner who purchases a wooded lot and is not aware of tree preservation requirements. With this in mind, ~ Council wanted to exempt the already approved final plats from being subject to the tree preservation ordinance. While there was clearly a difference in the focus of staff and Council, the vast majority of the applications will not be exempt from the ordinance. Staff will follow Council's direction in this matter if Council believes a revision is necessary. Mr. McCash stated that he had envi~ioned"that <:ley~lopments with only zoning approval and not final plat approval would not be exempt from the ordinance, as the street layout and resulting impact on existing trees can be adjusted up until the final plat filing. He asked if staff is aware of any sites that have a certificate of zoning compliance, but do not have approved building or site plans. Ms. Clarke responded that she cannot recall any such cases - all of the approved 1 ,; I I II ."! III !-I RECORD OF PROCEEDINGS Minutes of Meeting :O1~' -"C'- ~-C:wlP~Q~-:n-1VIeetk~~_#~'_"_UM'IP~",~"qq~M_#qq"~_WU_Q~:-qq~,,,-Q1-a"~WU#'M~MWU~_Q~_-"_#~~-Q~_WUqq-"~,,qq,,~_#_",#qq~W_' #Q"qq_#WUIP#W#"#~'U_WU~'#__"WW"WU_"_"IP",~"U'_U""~Q"#U_WU_Uq_dUq'd'~U_"qq"IPW"qq~'d~#dUq"d##M#qq"_"#Q~~-"IP"-rru In fry OunCl ee Ing , age DAYTON LEGAL BLANK co.. FORM NO 10148 Helrl September 20, 1999 19 applications are built out. At the time the tree preservation ordinance was voted upon, there were a couple of applications pending in the building permit system. ....- Mrs. Boring asked if the shopping center south of Hard Road is at the final -f development plan stage. Ms. Clarke responded that the application was filed but not heard at the applicant's request. Ms. Clarke noted that there is a development located off of Riverside Drive for which a final development plan was approved several years ago. The Law Director's office has determined that the tree preservation ordinance should not apply to that site as it had already obtained final development plan approval. Mayor Kranstuber summarized that staff does not believe that any Council action is necessary. However, if any Council member desires to bring a motion to the floor, they should proceed. Ms. Hide Pittaluga commented that the intent of the ordinance is to preserve trees, yet Council has waived fees on several occasions already. It is her belief that Council should not waive fees, but should enforce the provisions of the ordinance. Discussion continued. Mrs. Boring noted that she recommends deleting the final development plan language in the exemption portion to cover any potential gaps. r- Mr. Adamek commented, why try to fix something that does not need to be fixed. Whenever an ordinance is approved, there will be some mitigating circumstances for some applications. Mr. McCash stated that if staff believes there are no other pending applications which would be impacted, he is comfortable with leaving the language as it is. Mrs. Boring moved to delete the language in the tree preservation ordinance which exempts those applications with final development plan approval. Mr. McCash seconded the motion. Vote on the motion - Mr. Adamek, no; Mayor Kranstuber, no; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, no. Mayor Kranstuber announced that the motion failed. Council Round Table/Committee Reports Mr. Adamek. Finance Chair, stated that the Committee needs to meet to review hotellmotel tax grant applications submitted under the September 15 deadline. There is only one application for review, and he suggested meeting at 6:15 p.m. on Monday, ,..-, October 4, prior to the Council meeting. Members of the Committee concurred. Ms. Hide Pittaluga commented that she attended the NetWorld Interop conference in Atlanta last week and will have a report to Council shortly. She thanked Council for their support of her request to attend this valuable conference. Mayor Kranstuber noted that the packet contained a memo indicating that Mike Stevens will soon join the City staff as the Director of Economic Development. Mr. Helwig confirmed that he will begin work on October 11. He added that the senior planner, Kyle Ezell will be introduced to Council at their next meeting. ! ! I I ,II .1" J:I j,1UdU!1 I I !l:JJ'P,' Ilk . , ""~""W""1-"'~:'IF""''''';"'-1'-''''', '~"'I'---''i_''''''''''' , RECORD OF PROCEEDINGS Minutes of Meeting "~_"'WQUW'WP'~_W_WQUQ_Q~~_"~~W_~~QQQW_W_U_W__uw_u_w~"_w,,-~"~-~~QU"_U_,,-~#_w-~iiI5Iin~CilyCoiincIT1\Ieefinir-~-~-u_H~=_U_QQW_u-~~QU~~agerr~U-~--"~-~~~-QU_~~QQU_HWH'"#__QQHQU"WQUH- DAYfON LEGAL BLANK co., FORM NO. 10148 Hel 19 Mayor Kranstuber adjourned the meeting at 9:00 p.m. r-"' c;.-;-"" ~,(L (f~ Clerk of Council - - , , i