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HomeMy WebLinkAbout11/20/2000 < .t' 11~h<R'~I.::n};:fF"~I<f1I~M:'X"I:tl~H1W;iI. '. J '.': I!~ f1l\H;!Jt'~'n;"'HJIi'Rj' iJ',~RJ;ii'ji)\tri'i 1'01 RECORD OF PROCEEDINGS "W'W""'W'"'WWWW'~"W""""'"""W~,_w,"Minutelt,Of.w'mw""~'"W'W"ffW""""~"Wff"~'W'W"WWW""~"'WW~~W"WW_WW"Wff'"'W~W~~~ffW~~"~~ff"'~~'~'WWff~WWW~~'~,~W"~"_~~'~W~~W ~ff Meeting Dublin City Council Meeting PaieT'~~ff '~~"~ff""" ff'w,W'~W~" DAY10N LEGAL BLANK INC. FORM NO 10148 Held N()Vf~mher)O )000 , , (YEAR) Mayor Kranstuber called the Dublin City Council meeting of November 20, 2000 to order at 7:00 p.m. Mr. Adamek led the Pledge of Allegiance. ...--.... Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring, Ms. Chinnici-Zuercher, Mr. McCash, and Mr. Reiner. Mr. Peterson was absent (excused). Mr. Adamek noted that Mr. Peterson is absent because he and his wife, Sonni, are the new parents of a baby girl born over the weekend. Staff members present were: Mr. Hansley, Mr. Ciarochi, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Kindra, Ms. Clarke, Chief Geis, Mr. Husenitza, Mr. Stevens, Ms. Puskarcik, Mr. Hahn, Ms. Crandall, and Ms. Heal. Approval of Minutes of November 6. 2000 Meetin~ Mayor Kranstuber moved approval of the minutes as submitted. Mr. Adamek seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, abstain; Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Correspondence The Clerk reported that there was no correspondence requiring Council action. Citizen Comments John Hanks. Homewood Corporation. 750 Northlawn Drive. Columbus. Ohio 43214 - stated that he is present to request that the final plat for Shannon Glen Section 5 be tabled. They are not prepared to present the plat tonight. He asked that Council table this item indefinitely. Mayor Kranstuber moved to table indefinitely the final plat for Shannon Glen, Section 5. Mr. Reiner seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Mayor Kranstuber stated that when the applicant is ready to go forward, he should contact the Clerk of Councilor the Planning Director for placement on the Council agenda. Wallace Maurer. 7451 Dublin Road stated that appraisers were recently on his property in conjunction with implementation of the bikeway. He remains totally opposed to having a bikepath routed along his front yard; however, he requested that the City explore the possibility of placing the bikeway on his property in line with the placement on the property to the south where the bikeway will be in front of their chain link fence. He is asking that a staff member from Engineering walk the property to determine if the bikeway could be placed in front of the treeline. Mr. Hansley and Mr. Smith agreed to work with the appraisers and Engineering staff to negotiate this. Mayor Kranstuber asked that the site visit be done within the next two weeks. ~ Mr. Maurer noted that he will be out of the City for a portion oftime, returning on December 10. He asked that it be done after his return. Staff Comments Mr. Hansley stated that Dublin Scioto High School is requesting a fee waiver for their after-prom party at the Recreation Center. Council has waived this fee in past years for both of the local high schools. Mayor Kranstuber moved to approve the waiver. Mr. Adamek seconded the motion. Mr. McCash noted that it was his understanding that Council has established the fees at a low level for the school and non-profit groups. Perhaps the fee schedule should be lowered in light of the many requests for waivers by these groups. Mrs. Boring noted that the fee waiver for the school group is specifically designed to keep the students safe on prom night within their own community. She supports this fee ..,______.___~______~ 1....._.._ _ _.._'.____M-.W___~___~ ~ -=_. 0'-- -...----...------- nAVTr'lU 1l::rl!Jl.1 01 JI....,V II""" c......,..... ........ ~..~... , I RECORD OF PROCEEDINGS '"~"M'"Mm."""""'_'m~M'M"'M""",Minut.es",Ql"'M"M""""_"~"""""M"'~M"~"_'~'M"~_~~'~~"~_'~'M"MM_'~'~M"""M"M"~"_'M"'_""_"'~'_'~'mM_"""M'__"M_""_"'~""'~""M"M"_"M"M'M",~",Me,eling"'~"_'~"'MM~ . Dublin City Council Meeting Page 2 DAYTON LEGAL BLANK INC. FORM NO 10148 Held Nnvp-mhp-r?O ?OOO , , (YEAR) waiver for use ofthe facility. V ote on the motion - Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. ,.--. LEGISLATION PUBLIC HEARING/SECOND READING - ORDINANCES Ordinance 54-00 - An Ordinance Providing for a Change in Zoning for 3.56 Acres Located on the Southwest Corners of West Bridge Street and Franklin Street, from: PUD, Planned Unit Development District and R-4, Suburban Residential District, to: PUD, Planned Unit Development District. (Dublin Community Church Plan - Old Dublin Town Center - Case File No. 99-131Z) (Dublin Community Church, c/o Paul Phillips, 36 Franklin Street, Dublin, OH 43017; and Patrick Grabill, King Thompson, 5500 Frantz Road, Dublin, OH 43017) Ms. Clarke stated that this is a rezoning for approximately 3.5 acres which includes the Dublin Community Church on the southwest comer of Franklin and Bridge Streets, an additional portion on the southeast comer of Franklin and Bridge Streets with a 21-space parking lot and a duplex on Franklin Street. There are no changes proposed for the church site. The change to the east side would be the addition of a commercial building of 10,000 square feet with parking behind it. The proposal includes a slight relocation to the south of Sells Alley to provide better access for the area. She showed slides of the site and surrounding area. The architecture of Town Center I would be duplicated with this building, and the elevations will be similar. The duplex property is zoned R-4 and the rest is zoned PUD. The rezoning wraps all of this into one PUD. It was reviewed by Planning Commission in April, and after significant discussion, focused for the most part on parking, the - Commission recommended approval with the 12 conditions contained in the Record of Action of April 6, 2000. In the approval process, a significant change was that several of the proposed permitted uses, including restaurants, bars, taverns and pubs were changed to conditional uses because of their impact on parking in Old Dublin. There was some discussion about the church's participation in a parking solution, as the church has 120 spaces. However the church has scheduled activities which rely upon their parking spaces and so the issue was not resolved. As a PUD which provides for additional parking resources and 10,000 square feet of additional retail, office and commercial uses, the Planning Commission recommended approval. Ms. Chinnici-Zuercher asked if the condition related to outdoor seating is the same as that applied in other areas of Old Dublin. Ms. Clarke responded that generally speaking, for all new uses in Old Dublin, outdoor seating is a conditional use. Ms. Chinnici-Zuercher stated that staffis then recommending approval of the outdoor seating as presented, but any additional outdoor seating would require conditional use approval. Ms. Clarke stated that is correct. This application is being handled differently because it is being addressed in this zoning text at this time. Mr. Hansley added that it has generally been handled previously on a case by case basis. ~ Mr. McCash stated that all businesses in Old Dublin currently require conditional use approval for outdoor seating. This application is being given approval for outdoor seating as part of their rezoning approval, giving them an advantage over other businesses. Unless the historic business district ordinance is amended to allow outdoor seating up to a certain size or number of seats as a permitted use, the only way to secure this is through a conditional use application. Ms. Clarke responded that the historic business district would permit this applicant to have outdoor seating. However, under this PUD, restaurant is not a permitted use, but instead a conditional use. In other commercial buildings in Old Dublin, restaurants and bars are permitted uses and the outdoor seating would be a conditional use. Mr. Hansley pointed out that this issue was not raised with the approval of Town Center I where Starbucks had outdoor seating approved. Mr. McCash stated that he had previously recommended that the City change the overall zoning for Old Dublin to eliminate red tape and minimize the additional fees and I I I i I ,., . liI~ijol, 1 "'11,1. J 'I I' I il'l RECORD OF PROCEEDINGS """""'"""'~~"""'''''"W'''W'""'''''''''''"''''~W",~,,,,..Mi.nut~SwQf,,,,,,_,,,,,,w~_"""_',,,,',,,',,,,,,,w"'m"""_""''''''''W"W'W'W'_'''''W''W~__'"_m"'-'-'"""~~~'__m"~'_'_'~~'_'_"~_~'m""m""'""'m"'~'_"_"-"---~__"__m_~_'''~"_,~~__'___'m,Me.etin~~,,",,,,~,.,_, Dublin City Council Meeting Page 3 DAYTON LEGAL BLANK INC FORM NO, 10148 Held NOVf~l11ber 20 ?OOO , , (YEAR) approval processes necessary. Ms. Chinnici-Zuercher stated that what Ms. Clarke is suggesting is that food and drink ~ establishments are the ones that desire outdoor seating, and so the conditional use approval process will cover them. Ms. Clarke responded that most of the neighborhood concerns relate to the noise associated with restaurant patrons. Mrs. Boring stated that parking was a major concern at P&Z. She received a call regarding the fact that the old Firehouse Building parking will be eliminated with this development. The former toy store building also relies upon the church parking lot. Ms. Clarke stated that the concern ofP&Z was that for restaurant uses in particular, the church would need to be part of that parking solution. The parking being developed to the south will handle the retail component of the building. The applicant will need to have a proposed parking plan in order to secure a conditional use for a restaurant. The toy store actually borrowed the church parking spaces; they did not own their own parking. However, the church does not have an obligation to continue to provide parking for the toy store. Brian Home. Home & King Architects, noted that he represents the applicant. He is available to respond to questions. In response to Mayor Kranstuber, he indicated that he has no knowledge of the toy store's reliance upon the 21 spaces. The store still has parking spots remaining behind the store. Mrs. Boring stated that she is more concerned with the overall, net impact on available -. parking in Old Dublin. Discussion followed. Mayor Kranstuber summarized that at some future date, the City may hear complaints about the need for parking. He does not want the City to have to bear the cost of acquiring land for parking needs based on approval ofthis project. Mr. Hansley stated that this applicant has met the Code for parking requirements. The City will continue to partner in addressing parking problems in Old Dublin. With the goal of revitalization of Old Dublin, any need for more parking is a positive thing. Discussion continued. Mr. Reiner summarized that this is a very nice project, but he would hope that in the future, restaurants would be permitted as they would bring vitality to the area. This applicant has addressed the parking needs for his project, and the project fits very nicely into the downtown area. Vote on the Ordinance - Mr. Adamek, yes; Mr. McCash, no; Mrs. Boring, no; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. -- Ordinance 145-00 - An Ordinance Accepting the Annexation of 41.708+/- Acres from Washington Township to the City of Dublin. (Jean H. Scheiderer, et al.) Mr. Hansley stated that this ordinance is in keeping with Council's goal to eliminate the islands of township within the City limits. The four adjacent properties along Dublin Road in this area are the subject of an annexation which will be filed by Mr. Close in the near future. Vote on the Ordinance - Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Ordinance 147-00 - An Ordinance Accepting the Lowest/Best Bid for the Dublin Recreation Center Parking Lot Expansion, Appropriating Funds Therefor, and Declaring an Emergency. Mr. Hansley stated that staff is recommending Strawser Paving as the low bidder. Council has previously authorized the design of the parking lot expansion. I I I .....-or- hl",1 d,'lu 1!'I'.Af;, ,i',IU"111,,,H,UIIJhil'l I Ii IHUI I ,'" 11'1 RECORD OF PROCEEDINGS '~"-~'''"~~~_~'__~'~~~"'''M",~""_""~,_Minules,,,Qf,,m"~_~"m"~"""_''''",''''''''m~''''_~_',''_''''''''_''''m''',m"""_,,,_,M"M__MMM_mm",m,M~~"__""M'~"''''"___mu_",,,~u_m___,___,~~,,_~~_mu_u"_,~u~m_"u_'~~'_mum"MeJ;;:ling""M'_u_",,u,,~ Dublin City Council Meeting Page 4 DAYTON LEGAL BLANK INC. FORM NO. 10148 Held Nov~mh~r?O ?OOO , , (YEAR) Mr. Adamek asked ifthe alternate bid on this project relates to the landscaping under discussion by Council at a later point in the meeting tonight. Mr. Hahn responded that the alternate bid for this proj ect reflected the fence line that is ,..-.. due north of the parking lot expansion; it does not address the fence line along the existing parking lot area. The bid alternate was for a standard, split rail wire mesh fence, not the privacy fence being requested by the property owners adj acent to the Rec Center. It did not include landscaping. This expansion plan as approved by Council includes 98 spaces which will serve the Rec Center. The plan which was previously approved by Planning Commission included expanded parking for the Rec Center, a driveway to the Community Relations building, and parking immediately east of the Community Relations building. The access drive and the parking lot for Community Relations are not part of this plan; it is strictly a parking lot immediately west ofthe DCRC. Following brief discussion, Mr. Adamek proposed that Council delay any consideration of this ordinance until after tonight's discussion regarding fencing options in order to ensure that it is consistent with whatever Council decides to do in regard to fencing. It was the consensus of Council to postpone this ordinance until later in the meeting. Ordinance 148-00 - An Ordinance Approving a Tax Credit and Economic Development Agreement with RBM Technology, Inc., dab ECNEXT, and Authorizing, Confirming and Ratifying the Execution of the Agreement. Mr. Hansley stated that staff is recommending adoption at this time. Vote on the Ordinance - Mr. McCash, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. INTRODUCTION & FIRST READING - ORDINANCES - Ordinance 149-00 - An Ordinance Accepting the Lowest/Best Bid for the Coffman Park Pond Renovation Project. Mr. Adamek introduced the ordinance. Mr. Hansley stated that a detailed memo has been provided to CounciL There will be a second reading/public hearing at the December 11 Council meeting. Ordinance 150-00 - An Ordinance Amending the Dublin Traffic Code Sections Regarding Parking Restrictions in Residential Districts. Mr. Adamek introduced the ordinance. Mr. Hansley stated that this provides clarification regarding the definition of commercial vehicles and parking on City streets. Mr. Smith stated that the focus of the original ordinance was motor homes, etc., and the Police division requested that a better definition be provided under the Traffic Code for a commercial vehicle. Mrs. Boring asked for clarification regarding definition of non-recreational trailers, such as car racing or horse trailers. There seems to be confusion about whether these are considered as commercial vehicles. Mr. Smith stated that a memo will be provided to Council prior to the second reading about non-recreational trailers such as horse trailers. Mrs. Boring asked for the status of the ordinance referred to Planning Commission which addressed the zoning code restrictions for parking in residential districts. .- Ms. Clarke stated that this will be back to Council next month. Ms. Chinnici-Zuercher asked that staff send a copy of the legislation, after approval, with a synopsis to all civic association presidents, asking that the information be included in their newsletters. A City Manager's column could focus on this topic as well. This would provide education to the public prior to issuing citations for violations. She also noted that commercial vans are parked along many residential streets, but they often lack a company identification name. These, too, should be regulated. Discussion followed about how far the City may wish to go in terms of regulating these types of vehicles. Mr. McCash noted that some employees take vehicles home and park them on public streets. Mr. Smith stated that they would not be allowed to park such vehicles on the street, but would be permitted to park them in their driveways. The focus of the ordinance was originally to discourage residents from parking boats and campers on their properties for , , RECORD OF PROCEEDINGS ._,"-"-","--""-,,",",_",","__,,__~,,~,~ute~",",oimm"'_'m,",_"m"'"'""""""__m'"",m"""'_"__"'''~'''~'"'~"m_-""'-'m__"_~_""_m"'_"'''~"_~'''~'_~"m'~''_''~"_'"~''m''m,,,_'"~___"'_~ Meeting Dublin City Council Meeting Page-g-'~"~"-~-"'~'-" , ""~"""-"-~"' DAYTON LEGAL BLANK INC. FORM NO. 10148 Held N()Vf~mher?O ?OOO , , (YEAR) extended periods of time. Mr. Hansley stated that given all of this discussion, Council may wish to consider a later effective date for the legislation in order to allow time for the educational process to take r-- place. Mrs. Boring asked if citations/enforcement are driven by complaints firom residents. Mr. Hansley stated that it can be, but once Council approves this legislation, the expectation is that there will be enforcement throughout the City. Ms. Chinnici-Zuercher pointed out that the growth experienced by the City has resulted in many more vehicles throughout the City roadways. Parking on both sides of streets can make emergency vehicle access difficult, and so there is a safety concern involved with this legislation. She is not opposed to strict enforcement, but would advocate education following passage. Mr. Reiner noted that the Muirfield Association has had these types of rules in place for years, and they have been very effective. He suggested that staff contact Larry Holbrook for a copy of these restrictions. Mr. Smith stated that staff will provide a memo addressing the concerns expressed tonight. There will be a second reading/public hearing at the December 11 Council meeting. Ordinance 151-00 - An Ordinance Providing for a Change in Zoning for 17.68 Acres Located on the West Side of Eiterman Road, Approximately 1,800 Feet South of the Post Road and Eiterman Road Intersection, from: RI, Restricted Industrial District, to: PIP, Planned Industrial Park District. (OSU Tract - 6748 Eiterman Road/File No. 00-111Z) (Applicant: Bruce Massa, Massa Realty & Development, 42 E. Gay Street, Columbus, OH 43215, representing owner The Ohio r--' State University, Property Management Division, 53 W. 11 th A venue, Columbus, OH 43201-201) Mrs. Boring introduced the ordinance and moved referral to Planning & Zoning Commission. Mr. Adamek seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Ordinance 152-00 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31,2000. Mr. Adamek introduced the ordinance. Mr. Hansley stated that a detailed memo has been provided by staff about the various additional appropriations needed at this time. Most relate to year-end clean up, and staff is requesting that Council dispense with the public hearing. Mayor Kranstuber moved to dispense with the public hearing. Mr. Reiner seconded the motion. Vote on the motion - Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Adamek, yes. Vote on the Ordinance - Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. r-- OTHER Staff Report in response to Petition from Property Owners North ofRec Center for Privacy Fencing Mayor Kranstuber asked Mr. Hahn to frame the issue and the various options outlined in the memo to Council. Mr. Hahn stated that the residents petitioned for installation of a privacy fence for a portion of the north property line of the Rec Center. Staff looked at various options, noting there are some problems with the site, including retrofitting an old fencerow area which contains a fair amount of mature vegetation. It is somewhat difficult to install a fence along the true property line without destroying much of this vegetation. The petition is signed by 7 property owners, but there are approximately a dozen residents along Tara Hill in the general area. In response to Mayor Kranstuber, Mr. Hahn stated that a privacy fence could be installed for the 7 properties which are most impacted by the existing parking lot. The legal I I' I i . '!Ii 1':li!~il!J tiii! + ti;.,i.... , , RECORD OF PROCEEDINGS '"w_"",w~"",w"mw'm,_"",wm"w"Min:u1e,Sm,Qf",w","W""""'"_w"""m_",m",',wm""""",w"_,,,,""-'~~--"~"'~'-'_,m__m__'_'_'_'m'm,m','~,w'_'_m_,w,m,"'mmm _ M.e.eting Dublin City CQuncil Meeting Page6- ,__mmm>mm_"" . ,., _mwmm"""m, DAYTON LEGAL BLANK INC. FOAM NO. 10148 Held Novemher ?O, ?OOO , (YEAR) property line, however, is an old fencerow and precludes installation of a typical privacy fence in that area. The other option is to move the fence closer to the Rec Center property line, which would result in giving 15 to 25 feet of property to the residents. Mr. ~ Hahn pointed out that the privacy fence, in the residents' opinion, reduces trespassing and eliminates car headlight trespass. Other options would include a combination of a thick understory to make trespass difficult, adding trees to reduce headlight trespass, and planting a dense stand of evergreen trees on the existing landscape. Mr. Hansley stated that one advantage of installing a split rail or a privacy fence on the true property line is that the City reclaims the 15 to 25 feet of City-owned land currently being used by private property owners. It can then be maintained to the City's standards. Rick Weininger. 5587 Tara Hill Drive stated that the critical issue to the residents is trespass on their properties, and a split rail fence would not prohibit trespass. The City has also not maintained this property for quite some time; it was likely never maintained because of the old fencerow and dense undergrowth. A temporary fence was installed to reduce trespassing, and there has not been public use of that small area.. A new fence could easily be installed in place of the temporary fence. The privacy fence installed near the Willow Grove development adjacent to Emerald Parkway is very effective and aesthetically pleasing. Mr. Reiner noted that these kind of trespass issues are normally resolved with a wire mesh fence with wooden poles. It can be installed on the property line along the trees, and spruces can be added to improve its appearance. This would eliminate a giant barrier being created. He asked if residents are willing to maintain a privacy fence if it were to be installed by the City. Mr. Weininger responded that he cannot speak for others, but he would certainly be willing to maintain such a fence. Mr. Reiner stated that the expense of a privacy fence would normally be borne by the homeowners. However, the City wants to assist these residents and therefore he would recommend that a wire mesh fence between wolmanized posts, with shrubbery added, would be the most effective option. There would then not be issues of maintaining a barrier fence nor giving away City land. Ian Harris. 5577 Tara Hill Drive stated that his major concern is with the safety and security of his children. There is an error in the drawing of the temporary barrier as it exists. His property is identified in the wrong location. Currently, teens can scale the four- foot high fence. He does not have a desire for a mesh fence with wolmanized posts. He agrees with the other residents regarding installation of a six-foot privacy fence on the existing fence line, and he will be unhappy with any solution short ofthat. He does not expect the City to pay for a privacy fence initially, but does not want the existing fence removed. The City does not currently maintain the property, and trash accumulates. Discussion followed. - Mayor Kranstuber responded that Council is trying to find an acceptable solution to the issues raised by the residents. Legally, the City is not required to do anything, but Council is trying to be responsive to the residents. On the other hand, it does not seem responsible to donate public land to private individuals. Mr. Smith stated that if the City desires to install a privacy fence, legal staff would recommend deeding the fence to the residents for maintenance purposes. Mr. Hansley suggested that Council walk this site prior to making a final decision. Discussion continued. Mr. Hahn provided the history of the code violations in the area of the temporary fence. Staff did a property line survey which generated calls from residents. The existing, temporary fence was to be removed as it was not Code compliant. A split rail fence was to be installed with wire mesh as a replacement fence. , , RECORD OF PROCEEDINGS wwww~,,_mmWmmm"mWm'_""Wm"mm'W"m,wm"Minute,~j)f"m"W""_"Wmm'WmW'""W'm""""m,'m'm'''~_Wm,""m,"''''mm_"m~m"'~WW'''WWmm_''_~"~~w'w"w,w,,_,_w~w,,w~W"W,,_~""W~W W __w'"_"w Meeting Dublin City Council Meeting " " Page'r,""w"_w,,wmw_,",,"""" mWWm,"mmmmW' DAYTON LEGAL BLANK INC. FOHM NO 10148 Held Novemher?O ?OOO , " (YEAR) Mr. Reiner pointed out that the six-foot privacy fence may not be aesthetically attractive, and may be extremely expensive. He would suggest solving this in a number of other --- ways, as he has already described. Mr. Adamek stated that he walked the site on Sunday and spoke with some of the residents. He understands their issues with the headlights, especially in the area of Mr. Harris' property where the evergreens are small and sparse. He believes the City could use split rail fence with wire mesh, adding landscaping such as pines, spruces, holly bushes, evergreen materials, all of which would help with light pollution and would deter trespass. Installing a fence in the old hedgerow will destroy it. He suggests the City consider installation of a split rail fence in the general area along the current fencing line, to be enhanced with natural materials, and then draft a legal memorandum regarding an easement to allow the residents to expand their yards in this area. This would be a win/win situation - reducing the City's obligation to do the maintenance, improving the aesthetics, and giving the residents a buffer from light and deter trespass. Further discussion followed about the option of privacy fencing versus the options identified by Mr. Reiner and Mr. Adamek, and any potential desire for gates in a privacy fence so that residents have access to the Rec Center. Mr. Weininger testified that he does not see support from Council for the privacy fence option. If Mr. Reiner's concept will deter trespass, he would support this. The secondary issues are lighting trespass. There was never any intention on the residents' part to obtain more land via the location of the fence. Mayor Kranstuber moved to eliminate the option of a privacy fence, and to direct staff to ,......." meet again with the residents to identify a solution through natural vegetation, seeking input from Mr. Reiner on fencing options, identifying an acceptable solution along the lines of what Mr. Adamek has described, and to run the fence as close as possible to the actual property line. This recommendation should then be presented to Council as soon as feasible. Mr. Reiner seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Ordinance 147-00 - An Ordinance Accepting the Lowest/Best Bid for the Dublin Recreation Center Parking Lot Expansion, Appropriating Funds Therefor, and Declaring an Emergency. Mr. Adamek asked Mr. Hahn how he would prefer to handle the bid for the parking lot expansion, in view ofthe motion approved regarding the fencing issue. Mr. Hansley responded that the issues are separate, and he would recommend that Council approve the parking lot expansion tonight to preserve the bid, and to bid the fencing project separately in the spring. Mayor Kranstuber moved to treat this as emergency legislation. Mr. McCash seconded the motion. V ote on the motion - Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. ~ Vote on the Ordinance - Mr. Reiner, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. McCash, yes. Final Plat - Shannon Glen. Section 5 (This item was tabled indefinitely at the beginning oftonight's meeting.) Hotel Motel Tax Grant Recommendations Mr. McCash, Finance Chair reported that the Committee met to review some outstanding bed tax applications and recommends the following: 1. Wellington Place Homeowners Association: request for Brand Road scenic road beautification for $81,500. The Finance Committee recommends that this be addressed in the City's operating budget, or with funding from the Tree Preservation Fund. The Committee therefore moves recommendation of denial ofthis application, and that the project be reviewed in the 2001 operating budget. I I. I , ii.!oii'iHi, lil" Jtl.1 ""I!")!; i ,. :li RECORD OF PROCEEDINGS '_"M_"_M_"'M"""""~_M_"""'''d",,~"~"_MinuteKj)fM"MM'''"_M"'M'''M'''''"'"MM"__'_"_MMMM_M""'_"~'_'__"__""_~M~"_'_~'_"_M_'___'--'-~'-'-~-'---'-~''''""~M'''_h_"_'___M'_M",_,,__,~elingh'"'''''_M'''"'M'''''' Dublin City Council Meeting Page 8 DAYTON LEGAL BLANK INC. FORM NO. 10148 Held Novemher ?O, ?OOO , (YEAR) Mayor Kranstuber seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Boring, no; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. 2. Old Dublin Association: request for $2,600 for banners for the Historic District. ~. The Committee noted that the application was not complete and perhaps should be resubmitted in March. Discussion also took place with Community Relations about incorporating these banners in the City's banner program. The Finance Committee moves to recommend denial based on an incomplete application; that the applicant be encouraged to apply again in March; and that the banners for Old Dublin be considered as part ofthe Community Relations division budget. Ifit is not part of the Community Relations budget, the applicant should re-apply in March. Mrs. Boring asked if staff is aware of whether these particular banners were included in the Community Relations budget. Mr. McCash responded that the specific banners in the budget have not been identified. Mr. Reiner seconded the motion. Mr. Hansley pointed out that the City has never funded banners for private groups in the City's Community Relations budget. Ms. Chinnici-Zuercher stated that the Committee was told by staff at the review meeting that banners are included in the Community Relations budget. Later, staff indicated that banners specifically for Old Dublin are not included in the budget. Ms. Puskarcik responded that the banners budgeted are to promote City events or recognition programs, or to replace worn banners. ~ Mr. McCash indicated that promoting Old Dublin as an area of the City would be in the City's best interests versus having a private business handling this promotion. Ms. Puskarcik responded that this would depend upon what is being promoted in Old Dublin. The Saturday Stroll program, for example, was specific to that group. As a rule, she does not envision the City paying for these banners. Ms. Chinnici-Zuercher responded that the City has invested much time and money in efforts to bring business to Old Dublin, similar to the type of activity in Old Worthington. It seems now that the City is putting up barriers to the success of this effort by not supporting it through banners, etc. In addition, the Task Force recommendations have yet to be addressed in the City's budget for 2001. She believes this is a real conflict. Mayor Kranstuber asked staff if a motion from Council for a supplemental appropriation to purchase the banners for Old Dublin would be in order. Mr. Hansley responded that the bigger policy issue is that the majority of Council has not supported implementation of the recommendations of the Task Force. Ms. Chinnici-Zuercher noted that Council Members were a part of the Task Force and the recommendations are actually part of what was already adopted in the Community Plan. Mr. Hansley stated that further policy direction is needed from Council about the specific content of the banners requested from Old Dublin Association to ,--" determine that they are not specific to a couple of merchants only. Mr. McCash stated that part of the problem is that the bed tax application was incomplete, so Council does not know the details about the content nor the dates being requested. Vote on the Committee's recommendation - Mr. Reiner, yes; Ms. Chinnici- Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Discussion followed. Mr. McCash moved to have staff contact the Old Dublin Association to determine the content of the requested banners and staff will then report back to Council. At that time, Council can either approve an amendment to the 2001 operating budget or direct the Old Dublin Association to apply for bed tax funding under the March 15 deadline. Mayor Kranstuber seconded the motion. I I, I I .'I.!i: ',,"IH:I'lffIl"'" T1F1iTiiiiT T ...'i,,! fI,i I .I': I RECORD OF PROCEEDINGS ~M""""~~M~",",","","~"'M,,,~,,,~,,,,~~Min]Jles,,Df"M'M"M~""~Wm'''M''M'''''M''m''''M'MW'''M'''~'~MM'~WM'~W_MM~~'~'M'MW~"M'__'W_MMMM'M"WM~m""""'W'''~'~'Mm'W'~'MMW_'W,wMmMmM,_,wm'_MmMe,eting.""""'Mm'M" Dublin City Council Meeting Page 9 DAYTON LEGAL BLANK INC FORM NO 10148 Held Novemher 20,2000 , (YEAR) Mrs. Boring commented that the burden for this should not be placed upon City staff, but should instead depend upon the initiative ofthe Old Dublin Association. ......--.. V ote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, no; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes. 3. Dublin Youth Athletics: Requestfor $7,000 for City services related to CABA 2001 World Series for $7,000, and $142,000 for lighting of two ballfields at Darree Fields. Discussion at the Committee in regard to the lighting ofDarree Fields focused on the costs, available bed tax funds, and timing issues to minimize disruption of the fields. The Finance Committee recommends approval of up to $7,000 for actual cost of City services for the CABA World Series, and bed tax funding to light one ballfield at Darree Fields. Mr. Hahn clarified that the lighting of fields has been done through bed tax funding, generally one field at a time. It has not been done through the operating budget in past years. Ms. Chinnici-Zuercher seconded the motion. Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes. 4. Ice Skating Institute: Requestfor $20,OOOfor the ISI2001 World Championships to be held at the Chiller in Dublin, Chiller in Easton, and Corecom Ice Haus at the Nationwide Arena. Mr. McCash noted that the City of Dublin is designated as the host city for this event. The application was submitted by the National ISI, and the Committee reviewed the budgets of both the national group and the local group. At the last ,..-.... Council meeting, Council voted to deny the application; subsequent to that, additional hearings were held based on additional information submitted. Mr. McCash moved approval of the Committee's recommendation ofa grant of up to $5,000 should the ISI's efforts to solicit sponsorships fall short oftheir goal of$61,500. Ms. Chinnici-Zuercher seconded the motion. Mrs. Boring noted her concerns, including the following: this is a one-time event, the organization has adequate funding to host this event, the budgets have discrepancies between the local and national groups, and only one person involved is from Dublin. She would prefer to invest bed tax funds in the Irish Festival which takes place the same weekend. It may be prudent for Council to engage in a discussion with former Council members about the criteria established at the initiation of the bed tax grant program. Discussion followed about the responsibilities ofthe local organizing committee for such an event and the need to delineate both the expenses and the revenues in the budget detail. The Committee was not able to discern that there was a need for bed tax funds, if in fact the sponsorships were secured. The recommendation reflects the Committee's discussion. Mr. Hansley stated that an important criteria for bed tax funding has always been the number of hotel rooms filled by an event, and this event should therefore be reviewed positively in view of the number of rooms booked. -. Mrs. Boring noted that if this event is being held in three venues, other cities should be approached for bed tax funds as well. Discussion followed. Mayor Kranstuber called the question. Vote on the motion - Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici- Zuercher, yes; Mrs. Boring, no; Mr. McCash, no; Mr. Adamek, yes. Council Round Table/Committee Reports Ms. Chinnici-Zuercher commented as follows: 1. She has been contacted three times by a resident off of Riverside Drive who is interested in a speed limit reduction on Riverside Drive. As instructed by staff, he contacted ODOr District 6 in regard to having a traffic study done about the appropriate speed limit. Currently, the speed limit in part of this area is 40 mph, and the area to the north is 50 mph. District 6 representatives told him that a citizen I I I i' ,'1 ',j,; lell Tf~n! I <did'}!:',' ,!JH RECORD OF PROCEEDINGS ccwwwcccm,wcccmmc_cmcc,cmwmccc,mc,mccmm_,Minule$mJ:>fcc_cwwcccmmcc'ccwWmcccwcc'cmmcmwmcmmcm,c'_c_~wcccwc_wmmwmc~wm_cmcc_mwm~m'W'~mwc_mwc_m",,__,c_~,_m_m~_c,_cwwc_m'~~m_cc_cm_m_,wm_'_'m_m_,_,~~_w.wMeelingmcm,mw~'mm_'m Dublin City Council Meeting Page 10 Held Novemher ?O) ?OOO , (YEAR) cannot initiate this; it must be requested by the City of Dublin. He asks that Council consider directing staff to formally request such a study for the area between Bright Road and Wedgewood subdivision. r--! Following discussion about the factors involved, it was the consensus of Council to direct staffto investigate the process by which a speed limit reduction would be effected along Riverside Drive between Bright Road and the Wedgewood subdivision, and to report back to Council. 2. In the Council Strategic Communications Plan meetings, it was suggested that Leadership Dublin members serve as greeters at Council meetings. They are prepared to do that in January, and an orientation would be provided by Ms. Puskarcik's division. Perhaps a trial period of six months could be initiated, and at the end of that time, Council could evaluate this program. Mr. Hansley stated that this is part of the Council Communications Plan which has not been adopted by Council. He would therefore request a motion from Council on this, as the program would require stafftime to implement. Mayor Kranstuber moved to direct staff to design and implement a program for Leadership Dublin participants to serve as greeters at City Council meetings. Ms. Chinnici-Zuercher seconded the motion. Mr. Adamek commented that Council has had greeters present in the past, and he is not certain it is a worthwhile time investment for the participants, based on past experience. Mrs. Boring pointed out that having adults serve as greeters may be preferable to young teens, as was done previously. In addition, a trial period can take place to determine if this is something Councilor Leadership Dublin wants to continue. V ote on the motion - Mr. McCash, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Reiner, ~ yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. 3. Ms. Chinnici-Zuercher asked when the orange barrels will be removed from the Post Road bridge. Mr. Kindra responded that the fencing is being installed, and when the remaining punch list items are completed, the fencing will be removed. This will probably occur within a few days. Mayor Kranstuber noted that he recalls that Council previously had some discussion with ODOT regarding the requirement for chain link fence on this bridge. Mr. Hansley stated that this is correct. Because of the City's request, ODOT made an exception to their policy and at the City's expense, is installing a decorative iron and vinyl-clad fence. The intent is to prevent someone from throwing litter on the highway underneath. 4. She noted that the new Avery Road bridge over S.R. 161 has been defaced with graffi ti. Staff agreed to investigate this. 5. In regard to the bikepath on Dublin Road where shrubs were to be installed to enhance safety, it appears that there is not adequate space to install shrubbery. Mr. Kindra responded that there is in fact adequate space to install the shrubbery. 6. There is a Public Services Committee on Monday, November 27 at 6:30 p.m. in Council Chambers to review the tobacco legislation. 7. She is now serving on the Ameritech Consumer Advisory Board and will pass along any suggestions or issues for their consideration. Mr. McCash reported: 1. He received a call from Mr. Banchefsky today in regard to Council's action on the Cramer's Crossing rezoning. The original rezoning was a PUD which does not call for a separate preliminary plat process. He asked the Clerk to include copies of the minutes of Council regarding this rezoning. In the minutes, Council makes much reference to a preliminary plat, even though there is not a preliminary plat in a PUD. However, Council addressed the road alignment issues during the rezoning, in response to the neighbors who were present at the hearing. His motion to approve the rezoning included a provision that minor modifications and engineering issues were to be worked out at the preliminary plat stage. This should have been referred to as the final development plan stage at Planning Commission. Part ofthis '''' """m<,"<;;."'."'" cV''''"'H!" ,'"".j'_''''.'''''",:nll'' .: pj" 'r-' 1'f"''''IU',W ,~.,.~,-.~i.llil.r' .1')1; I RECORD OF PROCEEDINGS ",.""""",,,,,w.,.~,,.,,,,,,.,,,,w,,w,_,,,,w,,,,Minu1es,,oi,,,ww,,,,,.,,,,,."'''M''''.''''''''W',,'WW,,W''''mM'''''''_m'',,,,,,,._,,_,,,.'''m'''~''w'_''W''''~~'~''"",M_W''''_''~''."_~'W_'mmMW.mM.,,,,m'_',w~'m~,~,w._,_ww_."'m'_"_'mm.Me.elin.gm'mm"."'''m''''m'' Dublin City Council Meeting Page 11 DAYTON LEGAL BLANK INC FORM NO 10148 Held Novemher 70, 7000 , (YEAR) provision related to engineering study for the A very Road bikeway tunnel and ponds along A very Road, in order to see ifthey would be feasible. Mrs. Boring stated that her recollection is that Mr. Reiner wanted to refer the revised -, plan back to Planning Commission. Mr. Adamek also made a comment at the rezoning that the development would still be subject at a later date to Planning Commission's approval of the preliminary plat. Based on the discussion, she was willing to approve the rezoning, assuming that further review would take place at Planning Commission. She apologized to Mr. Reiner for not following his advice to refer it to Planning Commission for review. The Law Director should have clarified to Council that there would be no further preliminary plat review ofthis item. With all of this background on the rezoning approval, Planning Commission chose to table the final development plan approval at their recent meeting. Mayor Kranstuber asked Ms. Clarkei:fthe procedure in this case was customary. Ms. Clarke explained that the PUD process includes a concept plan, preliminary development plan/rezoning, and then a final development plan. In this case, the preliminary development plan was disapproved by Planning Commission; it was then forwarded to Council with a recommendation of disapproval. A neighborhood group became involved, redesigned the roadway system, met with the applicant and secured the applicant's acquiescence to change the road design. The substitute preliminary development plan was then brought to Council and was approved by Council with their vote on the rezoning. Several references were made during the public hearing about a separate consideration ofthe preliminary plat, but in a PUD, there is typically no separate review ofthe preliminary plat. - Mayor Kranstuber stated that after reviewing the Council minutes, it seems that Council ~ was of the understanding that there would be additional review of the preliminary plat. The applicant, however, believes that Council has taken action to approve this with the rezoning vote on the PUD. Ms. Clarke clarified that the issue is that while the Code does not provide for a preliminary plat in a PUD, there was a separate preliminary plat review done for Killilea. Her assumption was that Council intended to do a similar review for Cramer's Crossing. Mr. Smith noted that Council generally does not overrule the recommendations of Planning Commission, but in this case, the rezoning had been tabled to allow time for the residents to work with the developer. The other factor was that the utilities to serve the golf course development were tied to this rezoning, and Council wanted to facilitate that development as well. He confirmed Ms. Clarke's statement that in a PUD, the preliminary development plan is approved as part of the rezoning action. The final development plan then must conform to the preliminary development plan, and the approval is mainly an administrative action with little discretion. For a number of reasons, Planning Commission believed that they would have discretion in their review, but under the Code, there is no separate review in a PUD. Rather than become confrontational, the final development plan review was tabled by P&Z. ,...-, Chris Cline, 5455 Rings Road, Dublin stated that the plan presented to Council after the meeting with the residents was a detailed plan drawn totally to scale, which was drafted by Michael Fite the weekend prior to the Monday hearing. Mr. Fite had colored in the lots to delineate the various size lots. The issue with P&Z is that they want to now change the lot sizes in the final development plan review process. Mayor Kranstuber stated that the plan presented to Council had not been reviewed by staff, and so the expectation was that further review would be done by staff after the hearing by Council. Mrs. Boring stated that she had believed that minor engineering details to be worked out would include lot sizes. She regrets not having listened to Mr. Reiner's advice to refer the matter to P &Z. Discussion followed. Mr. McCash stated that Council's overriding vote of the P&Z recommendation included I i I i I' !! '!ICII'Yltt!:&. Iii Ai' !I [Hi,! Hit,. RECORD OF PROCEEDINGS .~"""~"""#w~mw###_#####ww,#w'mwmw##,,#,Minute's##oi,,_,"w"m"W'#"#####"#""~W#W'M"##~#"'##_"~M"M#_#_#_#_"''''M~'M''##__mW'#~_M"'_'_"_'_M#'_W'"'''M##'#_#_'M'''''##_#_","#_##M#_'_~M'~'__#_'M.__,,#M.e,eling"""~#''''M'# Dublin City Council Meeting Page 12 DAYTON LEGAL BLANK INC. FORM NO 10148 Held Novemher ?O, ?OOO , (YEAR) the changes in lot sizes and the number of units as presented to Council that evening. The minor engineering issues to be worked out related to the bikepath tunnel under Avery Road and the ponds. Ifthese were determined to be feasible, his intent was that -- these items be incorporated at the P&Z review. Mayor Kranstuber stated that he would prefer that the developer work with the City to resolve the issues, but if there is no legal recourse, it cannot be mandated. Discussion followed. Mr. Adamek summarized that based on tonight's discussion, it seems that there is no recourse at this point. Discussion followed. Mayor Kranstuber stated that P&Z'shou1d proceed to exercise their legal discretion. In the spirit of compromise, he is hopeful that some of the issues can be worked out with the applicant. Mr. Reiner stated: 1. He supports the concept of exploring electric deregulation for the City and commends staff for their initiative. 2. Mr. Kirstein has indicated that Mr. McDaniel regularly visits the Chiller facility to ensure that maintenance is ongoing. He hopes that staff adheres to a regular schedule of overview, so that the building will be in good shape when the City assumes ownership in 2019. Mrs. Boring wished everyone a Happy Thanksgiving and safe journeys over the holidays! - Mr. Adamek reported: 1. An invitation was sent to Council for a Central Ohio Municipal Council meeting on Thursday, December 14. Please contact the Clerk to make reservations for this dinner meeting, if Council members plan to attend. 2. Congratulations to Mr. Reiner on his knighthood and the recent article in The Columbus Dispatch recounting this honor. 3. An invitation to the first annual John W. Wolfe Symposium to be held on Friday, January 19 at the McConnell Heart Health Center was forwarded to Council. They are seeking input from the community and would like Council members to attend if possible. 4. Welcome to the new Director of Building Standards, Robert Price, who will join the City staff on January 2. 5. The Community Development Committee will meet on Wednesday, December 6 at 7 p.m. in Council Chambers. The agenda includes Old Dublin improvements, policy for waiver of tree replacement fees, and the zoning code revisions. 6. Staff forwarded a memo regarding a temporary signal installation at the A very- Muirfield/Glick Road intersection and asked for input from Council. It was the consensus of Council that staff proceed with this installation. 7. Congratulations to all of those involved in the completion of the AverylMuirfield interchange project which is scheduled to open around Thanksgiving. - 8. Asked for a status report on the larger sign approved by Council in May of 1998 for the Crown Mercedes dealership, a sign which was to have a brick/concrete base. The sign has been enlarged, but the base has not been done consistent with the submitted plan Council approved. Mr. McCash noted that his firm represents Crown Mercedes in this matter. The out of state owner of the business had a different interpretation of the zoning code and approval process and believed a pre-engineered metal addition was allowed. The brick base for the sign will be installed soon, and the building addition will be before Planning Commission in the near future. Mr. Adamek asked that Council's representative to Planning Commission be very cognizant of this non-compliant sign situation when the dealership comes before them with their building addition. I I' I I :i !!.' L!.II'd:~llikJ liLLii .... lIT.r RECORD OF PROCEEDINGS W"N"'WN""'NN"'~"'~N'"W""WWNW~""_,~_ww..Minu.tes~".ofW"N_N""'N""""NNNNW'"""W_~'W".'W~"'_~_W'N"N'W'NWWNW~~'~_''W~~_WN_W~'WNW'~"~~~_'"'mM_~'~"~"_W_N_~_WN'NWNW~~NW~~"~W_N_W_W,~~w"_'_~N'_'~~NWNM.ee.ting_~N"WW"~"N'"" Dublin City Council Meeting Page 13 DAYTON LEGAL BLANK INC. FORM NO. 10148 Held Novpmhpr?O ?OOO , , (YEAR) Mayor Kranstuber commented: 1. The A very Road interchange looks great - congratulations to all who worked on the project. ,-., 2. He attended a Congestion Summit press conference at the City of Columbus. The , summit will take place in late January and will be hosted by Mayor Coleman. He is hopeful that Council members will be able to participate in this regional effort. 3. Requested that in the zoning code update, consideration be given to the number of signs allowable for a business located on multiple, separate parcels. Currently, a business occupying more than one parcel is entitled to signage for each parcel. In some cases, this results in much more signage for one business than is desired by Council. It seems that the sign ordinance should be driven by the number of businesses, not the number of parcels occupied by the same business. Discussion followed. Mayor Kranstuber moved to adjourn to executive session for land, legal and personnel matters. Mr. Reiner seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Mayor Kranstuber noted that the meeting will not be reconvened following the executive seSSIOn. Them ting was adjourned to executive session at 10:45 p.m. ~ ~ r2- ~ Clerk of Council I""'->c