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HomeMy WebLinkAbout04/02/2001 I I ! I 11.,'1 RECORD OF PROCEEDINGS .................w..._......w.....w..w...Min:u.tes..af..._.......................~.~...._._............~_._....:D:tJ,blill.City:..Co:uJ:tcil...~......w........._............._....~....._......_..~........Me.e1i.ng_...._...... i Held April 2, 2001 , (YEAR) Mayor Kranstuber called the Dublin City Council meeting of April 2, 2001 to order at 7:00 p.m. Mrs. Boring led the Pledge of Allegiance. ~ Roll Call " Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring, Ms. Chinnici-Zuercher, Mr. McCash, Mr. Peterson and Mr. Reiner. Staff members present were: Mr. Hansley, Mr. Ciarochi, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. Harding, Mr. Kindra, Mr. Gibson, Ms. Puskarcik, Mr. Hahn, Ms. Crandall, Mr. Price, Mr. Husenitza, and Chief Geis. Approval of Minutes of March 5. 2001 Council Meetin2 Mayor Kranstuber moved approval of the March 5,2001 minutes as submitted. Mr. Adamek seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes. Correspondence The Clerk reported that Council received today a request from the Dublin Arts Council for a fee waiver for City services for the following events: Sundays at Scioto, the Art & Music Festival, and a fundraiser at the Gelpi Mansion on April 28. Mayor Kranstuber asked ifthere is any objection to scheduling the request on the April 23rd Council meeting to allow adequate time for review. There were no objections, and - therefore the request was tabled until the April 23rd Council meeting. Citizen Comments Mike Jenkins, 5588 Caplestone Lane, representing the Emerald City Players, invited City Council to the Players' production of "Lost in Yonkers" to be presented on Saturday, April 7, and to the Y.I.P. reception immediately following. He also thanked Council for their financial support via the bed tax grant made to the Dublin Arts Council. Mr. Jenkins also spoke on behalf of the Dublin Convention and Visitors Bureau, on whose board he serves. He thanked Vice Mayor Adamek, Mrs. Boring and Mr. Hansley for joining them for the grand opening ceremony for the new facility. He also thanked Ms. Puskarcik for her invaluable assistance with the event. Joel CampbelL 5565 Brand Road, Dublin Counseling Center Board Member, introduced the Director, Katherine Michelich-Helms. Mr. Campbell recognized the City of Dublin's leadership position in the nation in the provision of quality oflife services for its residents. He stated that the Dublin Counseling Center has been in operation in the community for over a decade, providing mental heath support to all citizens. He expressed appreciation to Council for their annual funding ofthe Counseling Center, and noted that the Center is primarily publicly funded with additional financial support from private donations and through fund-raising efforts. - Katherine Michelich-Helms, Dublin Counseling Center Director, also expressed thanks to the City Council for their continuing support. This enables the Counseling Center to provide vital services to the Dublin City Schools, to the residents of the City of Dublin, and to local senior programs. Wallace Maurer, 7451 Dublin Road stated that he has recently spent six to eight hours in conference with relevant staff regarding the Dublin Road bikepath extension through his property. Although he still has not made a decision, he intends to do so this evening following Council input. His questions relate to the negotiations for right of easement on his property, referring the unsettled matter to court, and civil disobedience. He stated that two years ago, he attended a Council meeting and requested permission to attempt to convince Council to abandon the plan to construct the bikepath through his area. He inquired if Council has not been adequately persuaded by at least two ofthe arguments: I I I I ,II!".' '''' IHtl!!' I I ' :>! ". :: RECORD OF PROCEEDINGS ..~...~"_....."~..~...~.......Minutes.QL~,............_,......,"........._"...~,~.~.~"_..__..~-....:ou.bl-iR-.City.,Co.ll.llcil...... ..'~. l?.age 2 Meeting "V""~"''''''' _, ""m'M'''''''''''''''''''''''''N''''''mH''''",,,,,_,,,,,,,,,u~,,,,u,,, "" ,''''' _'''''''''''=_Hh~' ^ " _ """'''''''''''''''''''''''''''''#'''''' DAYTON LEGAL BLANK. INC. t'OHM NO. 10148 Held April 2, 2001 , (YEAR) (1) given the fact that 362 accidents occurred between 1991 and mid-200l on Dublin Road, personal safety is in peril beyond the ordinary risk by bikepath placement alongside Dublin Road, especially between Brandonway and State Route 161, where at some points only two or three feet lie between the highway and the bikepath; and (2) a bikeway cut across the frontage of properties on Dublin Road between Brandonway and r-- State Route 161 disrupts a cherished, protected variety of natural growth in one of the longest remnants of Dublin's rural past. Mayor Kranstuber responded that those are legitimate arguments which Council and City staff have taken under consideration in the development ofthe City bikepath policy. However, they are countered by other arguments including the desire for alternative modes of transportation, a desire to link neighborhoods, and a desire to facilitate physical fitness. He stated that safety could actually be enhanced by relocating the bikes from the roadway to the bikepath. Mr. Maurer inquired if any of the Council members were convinced of his arguments. [No one indicated that he/she was convinced.] Mr. Maurer indicated that he would therefore acquiesce to Council's decision and agree to the easement across his property. Mayor Kranstuber thanked Mr. Maurer. Staff Comments Mr. Hansley reported that: 1. At the last Council meeting, he had indicated to Council that the Llewellyn Farms Civic Association had funded a survey relating to the Tuttle Crossing area. He --. has since learned that Sos Codospoti, in his role as a private citizen and not as president of the civic association, raised that money from a group which included residents of Dublin Road as well as those in Llewellyn Farms. Mr. Codispoti asked that Mr. Hansley clarify his comments regarding the donation sources. 2. At the goal setting session, Council indicated their intent to schedule a pre-budget workshop. He asked for available dates for this purpose. Following discussion, a pre-budget workshop was scheduled for Wednesday, May 2nd at 7 p.m. in Council Chambers. Mr. Hansley and Mayor Kranstuber will develop the agenda prior to that meeting. Mr. Ciarochi: 1. Announced that Mr. Stevens is absent tonight due to the recent birth of a new son, Edward. 2. Informed Council that Planner Holly Susong, who has overseen the Zoning Code revision project, has submitted her resignation and will be leaving the City in two weeks. He added that he and the Planning Director will devise a plan to meet Council's schedule for review of the new Code. Ms. Puskarcik: 1. Introduced new employees from the Community Relations Division: Todd Kleismeit, formerly of Congresswoman Pryce's office; David Ball, formerly with -- the Dublin Villager and Dublin City Schools; and Beth Ann Chesnes, former Northland Mall Marketing Director. 2. Noted that letters were included in the Council packet requesting authorization for the sale of alcohol at the Irish Festival and the Innovation Groups Conference, both to be held in Coffman Park. She noted that the IG Conference is a closed event for city managers. She added that a third request for sale of alcohol related to the Vintage Wine Festival has been withdrawn, as the Board of that entity recently decided not to hold the event. Ms. Puskarcik will meet with Ms. Winchell to discuss the possibility ofpartnering with another City entity to hold a reformatted event in 2002. Mayor Kranstuber asked if it is necessary to serve alcohol in Coffman Park in conjunction with the IG Conference. I I I I l!i i U .J ,AJ"i::!;'m::.'!1R1 i!itllll I , I' TT 1 ;1 j.," Ii V:If'i.l\~+,"!~.jl!;".!IJI,'.~ilt:N:Ht.fi!H;tli -!i-jfti!!,mHo.t:Tl1llltfnfl!Hd!.', "UU~Il; 3'+J!f'" Iii I RECORD OF PROCEEDINGS "..."........."....~............,,_...Minll1e.s...QL......................................"..w............~~....~..~,......-D:t,1blin.City:.Co:t,1tlcil,....._....".........".~~. _.. ~ Rage 3. Meeting , " ",...,,^ "'^ "".,.,N/,,,,M',... '"' .,....., ""'""""'",,...,,,.,...,,,, , "''''''/,''',...,.""",,...''''''',",,,, DAYTON LEGAL BLANK INC. FOAM NO. 10148 Held April 2, 2001 , (YEAR) I Ms. Puskarcik responded that Dublin is hosting a reception for this City Manager event. Several proposals were presented to the Innovation Groups, and they selected a "Mini- Irish Festival Event." Approximately 400-500 conference attendees are expected for the mini festival in Coffi:nan Park, and the expectation is that alcohol will be served. Mayor Kranstuber asked about the level of contribution the City is making for this event. ,--, Ms. Puskarcik stated some City funds have been budgeted, ticket sales will provide a portion of the cost, and the IG Conference sponsorship committee will pick up the remainder. Mayor Kranstuber inquired about the cap for taxpayer funds for this event. Ms. Grigsby responded that $20,000 was budgeted, which includes the reception and other related costs. The Sponsorship Committee is working towards a goal of raising $50,000 in sponsorship dollars for the event. Mrs. Boring stated that, other than the longstanding tradition with the Irish Festival, the City has a policy of not serving alcohol in City parks. She supports this request, which was originally submitted to Council last year. But in terms of future policy direction, will there be an expectation of readily approving such waivers? Mr. Hansley clarified that the current policy remains that there will be no conspicuous consumption of alcohol in City parks, which is consistent with the policy of the State, the City of Columbus, and other cities. Mr. Reiner moved to grant the waivers as requested to allow the sale of alcohol in Coffman Parkfor the Irish Festival and the IG Conference. Mr. Peterson seconded the motion. V ote on the motion: Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Adamek,yes. - Ms. Crandall asked that Council identify a date for board and commission member training. Following discussion, the training was scheduled for Monday, May 14 at 7 p.m. LEGISLATION TABLED ORDINANCES SCHEDULED FOR HEARING Ordinance 30-01- An Ordinance to Appropriate a 36.748 Acre, More or Less, Fee Simple Interest (1.8530 Acres, More or Less to be Used for Right-of-Way and 34.895 Acres, More or Less, to be Used for Parkland) from Anacleto Galli, Trustee, Located at the Northwest Corner of Avery Road and Woerner-Temple Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mr. Smith stated that the Law Department has reached agreement with Mr. Galli, and therefore requests that the ordinance be tabled to the April 23rd Council meeting. Mayor Kranstuber moved to table the ordinance to the April 23rd Council meeting. Mr. Adamek seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnci-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. Mrs. Boring requested that another copy ofthis ordinance be provided in the next packet. Mr. Smith stated that staffwill have a new ordinance for Council to consider which will ~, authorize the City Manager to enter into a contract for the purchase of the property. Staff will be requesting emergency action. The funds are available for the purchase, and this will allow the golf course project to proceed without delay. PUBLIC HEARING/SECOND READING - ORDINANCES Ordinance 32-01 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2001. There were no questions. Vote on the Ordinance: Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes. I ! I !il Iii iii iTiEiIH I I' "~I 'i' , :'1' - RECORD OF PROCEEOINGS _................~.._...~OffW......~.Off...Off_.........Minute.s.....oi.......,........._.....~......_..._..................~~..._..~~..........~.....~.......D.u.bJin.C.i~Off..CO.UIl.c.il................................................. ~...~... E.ag.e 4 Meeting " 'NUmuu, '" ""uu "'ff""''''''''''''HAVu,'' " . 'N~U,,",=,,","'#""""'Nh' DAYTON LEGAL BLANK INC. FORM NO 10148 Held April 2, 2001 , (YEAR) Ordinance 35-01 - An Ordinance Adopting a Plan of Operation and Governance for a Municipal Electric Aggregation Program and Authorizing the City Manager to Submit Said Plan to the Public Utilities Commission of Ohio. Mr. Hansley stated that a detailed memo was provided in the packet, and there are no changes since the first reading. Wallace Maurer. 7451 Dublin Road, inquired about the impact of aggregation, and who is involved in the program. Mr. McDaniel stated that as a result of recent changes in the Ohio Revised Code, municipalities can file with the Public Utilities Commission to be an aggregator of electrical service. If approved by the Commission, the City can negotiate electric rates and contract for that service. Customers - - individuals, businesses, schools -- can voluntarily choose to participate in the contract. V ote on the Ordinance: Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. INTRODUCTION & FIRST READING.,... ORDINANCES Ordinance 37-01 - An Ordinance Accepting the Annexation of 5.651 +/- Acres from Washington Township to the City of Dublin. Mr. Adamek introduced the ordinance. Mr. Hansley stated that the County Commissioners have approved the annexation petition which involves the four properties immediately south of Bellaire on the east side of Dublin Road. It is consistent with the Community Plan which states a desire to eliminate the islands of Washington Township within the City limits. There were no questions. There will be a public hearing/second reading at the April 23rd Council meeting. ~ Ordinance 38-01 - An Ordinance Accepting the Lowest/Best Bid for Wedgewood Hills Park Development, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Hansley stated that this project was approved in the budget. Staff recommends that the low bid of $130,000 be accepted, and that the legislation is adopted by emergency in order to preserve the bid price. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Vote on the Ordinance: Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. Ordinance 39-01 - An Ordinance Authorizing the City Manager to Enter into an Agreement with the Union County Board of Commissioners for Services of the Union County Emergency Management Agency for the Portion of the City of Dublin Which Lies Within Union County. Mr. Adamek introduced the ordinance. Mr. Hansley stated that in the past, the City of Dublin has been under the "umbrella" of the Franklin County Emergency Management Agency (EMA). Recently, Union County --.. has reactivated a full-time Emergency Management Agency and is requesting that the portion of Dublin that lies within Union County be served by their county agency. There are mutual aid agreements in place to coordinate efforts between the two entities. The City has a growing residential component within Union County. Staff recommends adoption following a second reading. There will be a public hearing/second reading at the April 23 Council meeting. Ordinance 40-01 - An Ordinance Accepting the Lowest/Best Bid for the Hanna Hills and MacBeth/MacDuff Water Line and Sanitary Sewer Improvements and Dublin Manor Water Line and Improvements Projects, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Hansley stated that this was the project discussed previously by Council, wherein Mr. Adamek indicated his desire to reserve the right to determine how the project will be I I I I I:IT liliilil,.IJJ I i " r~ "",,,,,,,",';,,,,';~:"'''.;''''',~r',.;FI;ntri!:IH'jls,~n.l..:n:!.t.: .rHf\f"IF"!'"''''Mllil.:,!'Jlm:"''L''ll'Pv~I:I'A.,,:t:jiJ,'i'Ii' j I RECORD OF PROCEEDINGS '""'~Off""Off"'''Off''Off'_Off.M.inu1e.s...of....."............"~....."...~"......"~~~.----......~D.uhlill.Cit~. Counc.il Eage 5 Meeting """ """"m''''''''h''M~'ff,,"#mNMn_'''''''''''ff/#Uu,wH/,m''''''''''''''U''''''''n'M'? w. "'" ""M"'",,,,,,,,,,,,#/, '''" . ''''n_U=h'''''''''M'U''' DAYTON LEGAL BLANK INC. FORM NO, 10148 Held April 2, 2001 , (YEAR) funded after receipt of the actual bids. The issue to be decided is what percentage of the cost of the main waterline the City will pay, and what percentage, if any, will be assessed to the homeowners. Ms. Chinnici-Zuercher questioned the validity of a bid that is $1 million under the City's r-: estimate and the other bids received. Will the actual cost of the project be much higher? Mr. Kindra stated that staff shared this concern and did a comparative analysis of the three bids. This contractor has completed several other large projects for the City, such as the A very Road interchange and the Emerald Parkway overpass. They are a large company and their mode of operation is somewhat different than smaller contractors. He added that he did expect that the costs will. increase as the proj ect proceeds due to change orders. The difference was so significant, however, that staff could not recommend rejecting this bid. He feels confident about the quality ofthe work that will be done. Mr. Hansley added that this contractor does have a pattern of adding change orders to the project after submitting a low bid to secure the bid. However, in the past, the projects have still been under other bids, even with the change orders. Mr. McCash suggested that the contract be written tightly to provide better control over change orders. Mayor Kranstuber asked if Council desires any discussion regarding the City's share of the cost of the main line. Mr. McCash inquired if the City has an estimate of the number of tap-ins expected to the main line. "",..-- Mr. Hansley responded that he had anticipated that at some point in the project Council would pass legislation requiring homeowners to tap-in to the main line when it becomes available. A second option would be to require a tap-in if a public health risk exists. Additionally, chlorinated water destroys a septic system, so normally a city will require tap-in to the sewer line with tap-in to the water line. Ms. Grigsby pointed out that the City's current sewer code requires that if a sewer line has been provided, the homeowner is required to tap-in, unless he obtains a waiver. A waiver could be requested for a situation such as the property being lower than the line which would necessitate additional expense to tap in. Mr. Hansley stated that staffs expectation would be that Council would pass legislation mandating tap-in to the water line provided, as is currently required for the sewer lines provided in the City. Mayor Kranstuber inquired ifthe public is aware of the anticipated requirement. Mr. Hansley responded that he is concerned that some of the citizens are not aware that City water and country septic systems are not compatible. He added that staffhas recommended passage by emergency, but if Council has any hesitation about proceeding with the project, it would be best to allow time for a second reading. ~ Mayor Kranstuber inquired if staff has an estimate ofthe number of households which would tap-in to an available line. Ms. Grigsby estimated 150 - 175 total households for the entire project. Mrs. Boring stated that she has received phone calls from residents who support Council mandating tap-in to protect the quality oflife in their neighborhoods. Mr. Adamek suggested that the legislation be held over for a second reading/public hearing to allow time for public comment. He further suggested that a letter be sent to the residents of these neighborhoods, notifying them of the issue before Council which would ultimately result in mandated tap-in. I I Ii! I '1.!Ii'I,> > !I,'L' IiliW. fiJ.F II I 'i . i. .....!d,H ; i.11 RECORD OF PROCEEDINGS r.._........~........._................~.....~..M.inule..s...of....,.........~..,w..............~.~.........~,.....~......~~~,~..............D.uhJm,..C.i~..C,o:un.cil...~.........w.........._.....~...............,~........Eage.....6,.....................Me.e.ting.._..~........._ r Held April 2, 2001 , (YEAR) I Mr. Hansley stated that the justification for that mandate would be: (1) this investment is being made in response to the residents' concern about the public health risk which exists; and (2) the investment of millions of dollars would not be justified if only forty percent of the residents tap in. tF-. Mayor Kranstuber clarified that Council is considering various ways to finance the main line, but the residents will be responsible for the costs associated with bringing the services from the main lines into their individual homes. Mr. Reiner suggested that the staff solicit estimates/bids on the cost of running the lines to the houses, so that the residents understand the total costs. He also inquired if there is any way to mitigate any of this expense by assessing some of the costs to future development in this area. Mr. Hansley responded that whenever the City constructs water or sewer lines, it travels across some vacant land that will at some point desire tap-in. Expanding the customer base is how revenue will be increased in the water and sewer fund. The capital costs could be subsidized only by a developer agreeing to pay a portion of the cost ofthe main line. Mrs. Boring stated that the residents were told that this project would be fast-tracked. Delaying this project for another month makes it more difficult to complete the project this season. The residents do not need to be convinced of the need for the water and sewer lines, as they previously brought in water samples and experts to testify. As far as the financial burden, these residents will also be paying a surcharge for the service. - Mr. Hansley agreed that a large percent of the residents appear committed to the project; however, a second reading gives a final opportunity to gauge the community support of the proj ect before awarding the bid. Mr. Adamek moved to schedule a second readinglpublic hearing and to notify the residents in the affected neighborhood by individual letters of the upcoming vote. Mr. Reiner seconded the motion. Vote on the motion: Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes. Ordinance 41-01- An Ordinance Accepting the Lowest/Best Bid for the Dublin Center Drive/Village Parkway Intersection Improvements Project, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Hansley stated that staff recommends award to the low bidder and requests passage by emergency. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the public hearing. Mr. Peterson seconded the motion. Vote on the motion: Mr. Adamek, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. McCash, yes. .--. Vote on the Ordinance: Mr. Peterson, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes. Ordinance 42-01 - An Ordinance Accepting the Lowest/Best Bid for the Avery Road and Blazer Parkway Water Storage Tank Relining Project, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that this was matter discussed at the last Council meeting. The tanks are in need of interior painting. Staff recommends acceptance of the low bid, which is lower than the estimate. The project was not anticipated at the time of budget preparation, and therefore staff requests appropriation of funds from the Water Fund for this purpose. I i I I II ! j,Hllil I i ',I ". i . "'"",'"'. O;V,'l'jt >'.'! ;?tL'w~ml[ms,l~.i'.n,lHH :C'H:1 .:'ttllitlllt'l' .l'!:"r+'1I1:':::ll~I:'U ,'1.: Ut;:~:ftlf,F :.,1.'.~I~:!,..ti' .1-:. . I RECORD OF PROCEEDINGS ........"....."................w...................,~Minu.tes,~f........~......~""..."w................~....~...........~....,,~..~,~........D:ub.l,m..Cit;L.c.ou:nc.il~............,,~.....~......._..~...~~.._ E.age.:Z .Meeting ~'''',",'' '-' "^ """~""h'#"h..,m" .. ^ "" '/''''=''''''''''''-''''''''''''''#h~ DAYTON LEGAL BLANK INC. FOHM NO, 10148 Held April 2, 2001 , (YEAR) Ms. Chinnici-Zuercher stated that the staff memo indicates that the schedule is designed to minimize water pressure problems in the City. If the project requires six weeks to complete, could it impact the Memorial Tournament? Mr. Kindra responded that there are two stations that continuously pump water -. from A very Road and Brand Road to the required location, and there should be no problems experienced as a result ofthis project. Mr. Hansley stated that the key element is the timing - the hot summer months will be avoided with the relining of the Avery Road tank to be completed by June 8th and the relining of the Blazer Parkway tank to begin after September 21 st. Mayor Kranstuber moved to treat this as emergency legislation and dispense with the public hearing. Mr. Adamek seconded the motion. V ote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. V ote on the Ordinance: Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. Ordinance 43-01 - An Ordinance Approving and Authorizing the City Manager and Director of Finance to Execute an Infrastructure Agreement with Multicon Development Co., Waiving Related Competitive Bidding Requirements, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Greg Stype, Special bond counsel, stated that this ordinance facilitates the authorization and prosecution of the public improvements in connection with the golf course project. There are three categories of improvements authorized under this ordinance: (1) an ...- agreement between the City and the golf course; (2) road improvements; and (3) sewer and water improvements. The agreement relates to the process for soliciting competitive proposals for the undertaking of those improvements. It waives the City's formal bidding approach, but it does not eliminate the competitive approach to the prosecution of these agreements. The agreement with Multicon guarantees a maximum price. There are individual caps on each of the projects - roadway, water and sewer. Mr. Adamek stated that although this project will be completed by the private sector, he assumes that staff has taken steps to assure that the same City standards are in place. Mr. Ciarochi responded that they will adhere to the same City specifications, which were noted in the development agreement as well as the preliminary plat. Ms. Chinnici-Zuercher inquired ifthe funding would be allocated as the project progresses, versus paying the entire amount at the outset. Mr. Stype responded that a requisition in progress payment process is set forth in the document. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the public hearing. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mrs. Boring, yes; ,...-.. Mr. Reiner, yes; Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes;. Vote on the Ordinance: Mayor Kranstuber, yes; Mr. Adamek, yes; Ms. Chinnici- Zuercher, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes. Ordinance 44-01 - An Ordinance to Appropriate a 0.0641 Acre, More or Less, Temporary Construction Easement, From Avery Land, Located East of Avery Road, South of Woerner-Temple Road and North of Rings Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Ballentrae Golf Course) Ordinance 45-01 - An Ordinance to Appropriate a 0.5356 Acre, More or Less, Fee Simple Interest, and a 0.1192 Acre, More or Less, Temporary Construction ! t I ,I' 'l'lii' ", ., ,.liliH,mLiHI 'l"'iill,:lllIl It I III I I , ! II RECORD OF PROCEEDINGS "....~......~........~........~......~...._Min:u.t.es....Qf.................~..~.~~......~.........~~..~.......~....__.....w........DubJi:n..,City...Counc.il...'w..............,....................................oh~.......l?.age...8...Meeting. , , m m~ """'''''''Nh''' ,., "'".. '=h_#/N",,,,,,,,,,,,,/h#" DAYTON LEGAL BLANK INC. FORM NO 10148 Held April 2, 2001 , (YEAR) Easement, From Donald S. Dearth and Betty M. Dearth, Located East of Avery Road, South of Woerner-Temple Road and North of Rings Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Ballentrae Golf Course) ~ Ordinance 46-01 - An Ordinance to Appropriate a 0.1453 Acre, More or Less, Fee Simple Interest, From Dennis J. Hoffer, Located East of Avery Road, South of Woerner-Temple Road and North of Rings Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Ballentrae Golf Course) Ordinance 47-01 - An Ordinance to Appropriate a Combined 1.4693 Acre, More or Less, Fee Simple Interest, and a 0.1186 Acre, More or Less, Permanent Utility Easement, From Bates Property Management, Located North of Shier-Rings Road and West of Eiterman Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Ballentrae Golf Course) Ordinance 48-01 - An Ordinance to Appropriate a 0.3681 Acre, More or Less, Fee Simple Interest, From Eiterman/Post Limited Liability Company, Located North of Shier-Rings Road and East of Eiterman Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Ballentrae Golf Course) Ordinance 49-01 - An Ordinance to Appropriate a 0.2940 Acre, More or Less, Fee Simple Interest, and a 0.0402 Acre,l\iore. or Less, Permanent Utility Easement, From F'ellowship Baptist Church ofl)ublin, Located North of Shier-Rings Road and East of Eiterman Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Ballentrae Golf Course) - Ordinance 50-01 - An Ordinance to Appropriate a 0.7022 Acre, More or Less, Fee Simple Interest, and a 0.1759 Acre, More or Less, Permanent Utility Easement, From Hearthstone Management Company, Located North of Shier-Rings Road and East of Eiterman Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Ballentrae Golf Course) Ordinance 51-01 - An Ordinance to Appropriate a 0.5027 Acre, More or Less, Fee Simple Interest, From Jim Moro, Located North of Shier-Rings Road and East of Eiterman Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Ballentrae Golf Course) Ordinance 52-01 - An Ordinance to Appropriate a 1.1653 Acre, More or Less, Fee Simple Interest, From Steve Young and Sally Young, Located North of Shier-Rings Road and East of Eiterman Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Ballentrae Golf Course) Ordinance 53-01 - An Ordinance to Appropriate a 0.1008 Acre, More or Less, Temporary Construction Easement, From Blanche M. Norris, Located South of Woerner-Temple Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (Woerner-Temple Road) ,.,........^ Mayor Kranstuber moved to waive Council's rules of order for Ordinances 44-01 through Ordinances 53-01, which are all appropriation ordinances for temporary construction easements or permanent utility easements for Ballentrae, to treat them as one group and have the names of the property owners read into the record. Mr. Adamek seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. The Clerk read the names into the record. Mayor Kranstuber moved to treat Ordinances 44-01 through 53-01 as emergency legislation and to dispense with the public hearings. Mr. Adamek seconded the motion. i i I "I 1'1 :""1'1 1".U,,,.XE'H1ii,1 i1',Ii!i!!i: Id.:ikiii i I RECORD OF PROCEEDINGS ........._.....~~................_............Minutes....Qf..........................~......~..........................~......~.....~........Dyb-lill...City..~1Jllcil...........~....,.....~~.......w....,..w..~...............~.ag~.S,l.............~.Mee.ting.........,........,....... UAYTON LEGAL t:ll.ANK INC. FOHM NO, 10148 Held April 2, 2001 , (YEAR) Vote on the motion: Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Chinnici- Zuercher, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes. V ote on the Ordinances: Mr. McCash, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. --- Ms. Chinnici-Zuercher requested that a running tally of the monies being spent be provided in Council packets in the future at any time when there are golf course related issues on the agenda. Included in this should be a comparison with the original amounts agreed upon. Ordinance 54-01 - An Ordinance Authorizing the Purchase of a 1.32 Acre, More or Less, Tract of Land, From Gregory A. Anderson and Donna M. Anderson, Located at 5904 Post Road, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Smith stated that this is one of the properties on Post Road where the owner voluntarily chose to sell to the City. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the public hearing. Mr. McCash seconded the motion. Vote on the motion: Mr. McCash" yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. Vote on the Ordinance: Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mrs. Boring, yes. OTHER _. Sidewalk Waiver - Ballentrae subdivision Mr. Ciarochi stated that the City has received a request from Tartan Golf Company for a sidewalk waiver for the portion that would parallel the number one hole on the west side of Eiterman Road. He stated that a map is included in the packet. He introduced Tom Anderson of Tartan Golf Company who will explain to Council the liability and screening issues which have prompted this request. Thomas Anderson, Tartan Golf Company stated that they have requested the elimination of a sidewalk and/or bikepath along the first hole for two reasons. He noted that the golf course layout was done by Hurdzan/Fry who was hired by the City of Dublin and the Edwards Group before Tartan Golf Company became part of the project. The intent is that the course will provide a first-class experience from hole one to hole 18. The sidewalk along the first hole, which would be observed if traveling north on Eiterman Road, is both a safety hazard and a distracting feature for the golfer as he/she tees off. A stroller, jogger or child on roller blades interrupting the concentration as the golfer begins to tee off would be very unwelcome. More important is the safety issue for pedestrians related to stray golf balls. It is a serious situation, with the bikepath positioned only 20 feet away from the first tee box. The request is that the sidewalk and bikepath be eliminated from the intersection down to the clubhouse golf intersection, which is also where Woerner-Temple Road and Eiterman intersect. The packet materials included a letter from Dr. Hurdzan, who also supports removal of this sidewalklbikepath from the r-.. plans. Mayor Kranstuber inquired about staff's position on this request. Mr. Ciarochi responded that this request was referred to Ken Richardson, City Engineering department. Mr. Richardson and Planning staff reviewed the request, and the alternative would be for pedestrians to use the bikepath located on the east side of Eiterman Road on the same stretch. Staff also considered the possibility of having a 10- foot wide bikepath versus 8 feet. The problem with that option is twofold: (1) the bikepath would encroach into the tree lawn by two feet between the bikepath and the curb; and (2) when the path crosses over the tunnel at hole number two, it would be necessary to narrow the path at the intersection with the tunnel. Staff's recommendation is to approve the request to eliminate the sidewalk on the west side ofEitennan, adjacent I I I I' 'I 'I!'" .ii i I i II ,....--... RECORD OF PROCEEDINGS ,......~...............~................~~..Minule.s....of.......~........................................~..................~~.....~....._..........,Dul;)lill-..City-Co.u;ncil....~.~.._......~..........w.....~.._........~..Eag.e...LQ...........Me.e,ting~...~.........,.. DAYTON LEGAL BLANK INC. FORM NO. 10148 Held April 2, 2001 , (YEAR) to hole #1. Staff requests Council's input on the option of using a wider bikepath to accommodate both pedestrians and bicyclists on the east side at the expense of giving up two feet of tree lawn. Mr. McCash stated that he believes eight feet would be sufficient in this case for -. pedestrians and bicyclists. He would not support having a wider bikepath for this portion. Mr. Ciarochi pointed out that this is the section of Eiterman Road that the City is required to construct as part ofthe development agreement, and discussion has taken place regarding using this as a tradeoff for the elimination of two tunnels being requested on tonight's agenda by the developer. Mr. McCash stated that waiving this requirement would improve the aesthetics for the course. But his concern relates to someone who wants to cross from the clubhouse side to the north - do they cross at the intersection of Woerner-Temple, or should an at-grade . crossing be provided to the bikepath on the east side of Eiterman Road? Mr. Anderson responded that they are not recommending a bikepathadjacent to the public golf course, as he has indicated previously. Mr. Ciarochi clarified that the intent is to cross at the intersection. The bikepath should not be intertwined with the cart paths. Mr. McCash noted that his concern relates to how pedestrianslbikers on the west side of Eiterman access the bikepath on the east side, and are there any proposals for an at-grade crossing somewhere to the south ofthe tee box for Hole #1. ~ Mr. Anderson stated that they propose that a crosswalk be used for this purpose at the intersection. i Mayor Kranstuber moved to approve the sidewalk waiver as requested. Mr. Adamek seconded the motion. Vote on the motion: Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes. Discussion of Requested Amendment to Ballentrae Development Agreement to Eliminate Two Tunnels to Allow for At-Grade Golf Course Crossings Mr. Ciarochi stated that as part of the original development agreement with the Edwards Company, an attachment showed all of the improvements contemplated as part of the development, both public and private. In the southwest sector of the Ballentrae subdivision, there were two proposed grade separated tunnels for the cart paths to cross underneath the street. This request was generated by Tartan Golf for purposes of better play on the course. The other four tunnels proposed are still to be installed. These two particular tunnels were not included in the budgeted estimates from Burgess & Niple upon which the City based the budget. At this time, Tartan is requesting Council's approval to amend the development agreement to eliminate these two tunnels. In the packet, staffhas included review materials and the staff recommendation of approval. He noted that the drawings included represent concepts which have not been completely reviewed by staff at this time. Detailed drawings would be submitted at a later date. Planning and Engineering staff members are present to respond to questions. Mr. Anderson pointed out that they believe the golf experience will be improved with elimination of these tunnels and that safety will not be compromised. They are proposing installation of stop signs, curving the golf cart path to reduce speed at the crossing point, and installing signage to alert motorists. Mayor Kranstuber confirmed that the tunnels would be a City expense. Mayor Kranstuber moved approval of the waiver as requested. Mr. Adamek seconded the motion. Vote on the motion: Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Ii! I: .:,t""" :,,,';_',:(ik,P]:d,;~;j~~:~:!~WI! I i'I'j1fnllltt;1'~t~I!FU!llJ\Ht:!';II't"'!~:l~;:i>Uit;( JI;.} , I RECORD OF PROCEEDINGS .............~.~~.......~~..........._.....Minutes....of..~......_......................._......_..__........~_.....~....~~.....D.:ub.lin,.cit~..C"O:uncil......~~.._..~..~..~_...................Eage....Ll...~..M.e.e.ting...................... UAYTON LEGAL BLANK INC. FORM NO. 10148 Held April 2, 2001 , (YEAR) Waiver of tree replacement fee - The Preserve. Phases II and III . Mr. Gibson indicated that the applicant recently received final development plan approval at the Planning & Zoning Commission. The applicant is requesting 1,909 inches of trees to be removed, and they are requesting a complete waiver to the Tree Preservation - Ordinance for the trees being removed. Staff has reviewed this request and notes that approximately 60 percent of the trees are being preserved in these two phases. Based on the existing ordinance, the fee to be paid would be $187,400, and the revised policy adopted by Council would require payment of$59,950. The applicant has met the development standards and worked with staffto preserve as many trees as possible, and it is therefore recommended by staff that the payment be $59,950. Mrs. Boring noted that the applicant is requesting a complete waiver of payment of the $59,950. She added that staff has indicated there is room on the site for additional tree plantings, and another option would be planting trees off-site with the fees generated from payment of$59,950. Mr. Gibson indicated that the applicant's desire is to keep the view sheds open along Frantz Road in order to view the architecture of the buildings. But there are alternatives for planting trees elsewhere on the site or in City parks. Paul Ghidotti. Daimler Group added the following: 1. The actual tree preservation waiver they are seeking amounts to 237 trees to be replaced on the two sites at a cost of $78,000. This is in keeping with the policy recently adopted by Council. 2. At the Planning Commission meeting, the Commission unanimously - recommended a full waiver from the requirements of the tree preservation ordinance. The new trees to be planted on these 12 acres exceed Code by 100 inches, iftreated as a vacant site. Incorporating the 3,300 inches of protected trees being saved results in being 1,500 percent in excess of what the Code requires on a vacant site. 3. When the first building was approved in 1999, they preserved 47 percent of the trees. With these two phases, they have been able to preserve 64 percent of the protected trees which reflects much progress in saving trees. 4. In February of 1999, they came before Planning Commission and testified that they had a contract to purchase 17 acres at a high cost for a smaller scale building that would fit in this area of Dublin. Planning Commission was supportive of an approach of saving as many trees as possible, recognizing that all trees could not be saved in constructing the building and required parking. The pond resulted in a loss of additional trees. 5. In July of 1999, the minutes of Planning Commission reflect a recognition by Mr. McCash that the applicant would return to Planning Commission for Phases II and III with a request for a complete waiver. While things have changed in terms of the scope of how the tree preservation ordinance is interpreted, it is important for them to secure a complete waiver. Mr. Adamek moved to grant the total waiver as requested by the applicant for The Preserve Phases II and III ~\ Mrs. Boring asked on what basis the waiver would be granted for this applicant. Mr. Adamek stated that the applicant has exceeded the intent of the tree waiver policy and has incorporated the existing trees into their layout. At the time of the Phase I review, there was significant discussion regarding the pond and the layout which impacted this issue. P&Z recommended granting of the total waiver, as they recognized the extraordinary effort this developer has made to minimize the impact on a heavily wooded lot. Mr. McCash suggested that they plant some clusters of replacement trees in the front area of the building. It would not detract from the building. Council would still need to waive a certain portion, perhaps requiring $15,000 in replacement trees and waiving the Ii! I I, I! J;I; ii'; t:;tlil.iHI:1 nil ;"" 1:1: ". , , :: ""-I!'A;"'W f,]rINPJT~!~1,mM'(,~I~m:~~:>-;lIn'.I:k'-~' 'jl;~II1II:'t!if:r'l!tIt%'ifljW&:J'IJlL2j:ll:k'i~IIf;;" liJ,' , I RECORD OF PROCEEDINGS "".......~..."."~........~.........."..__.._......Minutes...Qf...~.......".....,,.........,..~".."...................~...........~~...._.....~...D:ublill...Cit~,L."CO:uncil..~.........m'.."~......"........................~,--......E.age...l2...~_...M.e.e.ting......,..............".... Held April 2, 2001 , (YEAR) remainder of the requirement. Mayor Kranstuber asked for staff input on such a motion. Mr. Gibson stated that what is under discussion is 205 non-landmark trees which would be replaced tree for tree under the current policy. There are also 122 inches oflandmark -- trees (four trees in total) to be replaced. Perhaps a percentage of the trees could be replaced. Mr. McCash amended the motion to grant the waiver to the tree preservation ordinance, with a requirement that the landmark trees be replaced on site in accordance with the tree preservation ordinance - 122 caliper inches. Staff can work out the details of location of these replacement trees on the site. Mr. Adamek accepted this amendment. Mr. Ghidotti indicated that when they came in for review of Phases II and III, the discussion focused on the inadequacy of plantings around the pond for Phase 1. In today's market, the first building is not yet fully leased and the cost of land continues to rise. With these factors in mind, they spent hours with staff to discuss the approach to the entire site. Everyone agrees that they love the architecture ofthe building, yet what is now being discussed is planting trees which would screen the view of the building. There is no area on this site where clusters oftrees could be located. He objects to the continual desire for more from the developer when they are already greatly exceeding what is required by the Code. It seems to be a retroactive application of a Code requirement enacted subsequent to their purchase ofthe land. Mr. Peterson suggested that replacement trees could be planted elsewhere in the City. It ......... makes no sense to crowd replacement trees on this site. Following discussion, Mr. McCash amended his motion to include the option of paying $12,200 into the tree preservation fund versus planting replacement trees on the site. Mr. Reiner seconded the motion. Vote on the amendment: Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, no; Mr. Reiner, yes. Vote on the motion as amended: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, no; Mr. Peterson, yes. Waiver of tree replacement fee - Cardinal Health Mr. Gibson stated that Cardinal Health brought tree preservation plans to the Planning & Zoning Commission. With an inch for inch replacement, the total involves a fee of $394,000. What is being requested is a waiver ofthat amount. The applicant is heavily reforesting the site with 590 replacement trees. They have also included some buffers along the stream. Ben Hale. Ir.. Smith & Hale and Linda Menery. consultant indicated that they represent the applicant. Mr. Hale stated that a commitment made to the City by Cardinal as part of the economic ~ development agreement was that no building would be built until at least 2002, and that the next building to be built would be on the east side of their current building. It will be a number of years before this site will be developed. The applicant's intent is to reforest large parts of the site along Dublin Road and along the freeway and the south border today, providing an opportunity for growth prior to development of the site in future years. Ms. Menery displayed the drawings which show the trees to be removed as well as planned reforestation. She noted that the report is not accurate in regard to the number of trees being removed and replaced. The Planning Commission had concerns with trees being removed in subarea lB, so the numbers will actually be less than what was presented previously. They are replacing tree fortree and landmark trees inch for inch. II i I T TiH ",."",,,,,,, ""ml-liJ.r:.h iil I I "'''' i: jll I RECORD OF PROCEEDINGS .........~.._...................~......._..___Minut.e.s...oi........................ww..~..~..w.~~..~,.._~..~.~_w~w....~......D.tlhl.m...Ci~...C.oync.il.~.._..................w..~_...._........__..~...-1?..ag,e.....l.J..~....Mee.ting........w..~...w.. Held April 2, 2001 , (YEAR) Discussion followed about possible layouts for a 360,000 square foot building. Meeting parking requirements would require removal of trees. Mr. McCash stated that perhaps trees could be incorporated into the landscaped areas in the parking lots. It would be premature to make a decision on a waiver prior to viewing ,-... the layout ofthe buildings. , f i I Ms. Menery responded that with a site of28.8 acres and a 360,000 square foot building plus parking, there will be no room left for large islands of trees. Mr. Hale added that what they are trying to do is to buffer the neighbors from the construction activity and the development, buffer the freeway, and preserve the creek bed. This plan will facilitate that. Mr. McCash stated that this is all good, but what is essentially being done is avoiding the issue of discussing the site layout five years from now by clear-cutting the site now. Mr. Hale responded that the big trees on the site will be preserved or replaced. Ms. Menery demonstrated on the plan the trees which will be preserved and those which will be replaced. Mr. Adamek asked what is the urgency ofthis request if the site will not be developed for 5 to 6 years? What if the clear cutting is not done at this time, but is delayed until the development plan is brought in so that ways can be identified to incorporate those larger trees? Mr. Hale responded that Cardinal is planning to spend $250-350,000 on all of this ~ landscaping which is a considerable investment. In order to accommodate parking requirements, Cardinal assumes that many trees will need to be removed. They would like to plant the trees now and allow time for growth. The reality is that the aesthetics can be improved by planting trees and allowing time for growth. Ms. Menery stated that the intent is to do one contract -- clear out the site and plant the new material versus a piecemeal approach over the next few years. Mr. McCash suggested Council consider a compromise -- waiving half of the tree replacement requirement and leaving the remaining trees in place until the time ofthe final development plan approval, understanding that it may be necessary to waive up to the existing remainder oftrees when the plans are reviewed. Mrs. Boring indicated that she supports the idea of planting trees along 745 and allowing time for these to mature prior to development. Mr. Peterson stated that what will ultimately happen with approval ofthis waiver is that the existing trees will be replaced with trees planted at the outside borders of the site. Why not delay any cutting of trees until a later date, and proceed with the planting part, assuming the waiver is granted? Ms. Menery responded that there are issues of survivability and maintenance ofthe existing trees involved. -- Mr. McCash stated that he suggests that half of the replacement trees be planted now, with the rest left in place until the final development plan process. Mr. Hale responded that Cardinal's intent is to enhance their site, and they believe it will improve the aesthetics of the entire area. They believe strongly in this plan and are willing to spend the $250-350 to do it. This is a good investment for Cardinal and for the City toward the future aesthetics of the area. Ms. Chinnici-Zuercher stated that Ms. Menery had indicated their willingness to leave the landmark trees grouped together on the site in place. Mr. Hale stated that they would be willing to do so, subject to staffs review ofthe health t ! I I Ii . .ill.:t! 'F JkC!'iF!lil.Li!1 Illll:JI I I , ! , ':1 ". """:"""'.W"".,,,,'."'i'H'ln"(;,1{MU'U'!. .!'l,iT.1!"llJll!1'$Jr)Jn!i'.F:,.1.1IWIl'.1 ':lllJ'.,"'1jn;';1.f:~~) !).I:. . 1 RECORD OF PROCEEDINGS "...................~......,............~.._..~.....Minut.e.s....oi...............,..........._.........._..,...._....w.....w_....~...........w~.......:D:tJ,b.li.J:l..Ci:t;,y..CO:un.cil............._..........._...................................,J?.ag.e..l.4..........Me.e.ting~.............." Held April 2, 2001 , (YEAR) of these trees to make sure they are viable. Mayor Kranstuber asked how landmark trees are defined. Mr. Gibson stated that a tree of 24 inches in caliper at chest height constitutes a landmark tree. It does not specify a particular species. --- Ms. Menery noted that Davey Tree performed the City's survey and every tree ofthis size is numbered and tagged. Mr. McCash stated that he would be interested in knowing the species of the trees under discussion. Mayor Kranstuber stated that if the species is important, it should be stated in the ordinance. He will continue to vote against these waivers in the interest of upholding the ordinance which is in place. Ms. Chinnici-Zuercher stated that part ofthe philosophy underlying the tree preservation ordinance relates to enhancement of development, and discouraging unnecessary cutting of trees to accommodate construction. Mr. Hale commented that in terms of a return on investment, this investment by Cardinal does not translate to any savings. Discussion followed. Mrs. Boring pointed out that the trees existed on the site at the time it was rezoned, and it makes no sense to now require this payment. With construction ofthe building and ~ parking lot, it is inevitable that the trees will have to be cut down. Why not allow the new trees five years of growth ahead of the development? Discussion continued. Mr. Adamek moved to accept the staff recommendation to grant the tree waiver for the Cardinal Health South campus, in view of the fact that this area will be reforested and that the reforesting will be done ahead of the development Mrs. Boring seconded the motion. Mr. Reiner moved to amend the motion to require that all of the trees be northern grown trees from the Central Ohio zone or above, and that a shipping certificate of where they were grown be provided. Ms. Chinnici-Zuercher seconded the amendment. Vote on the amendment: Mr. Peterson, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Vote on the motion as amended: Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, no; Mr. Adamek, yes; Mr. McCash, no. Waiver of tree replacement fee - Wyandotte Woods. Section 2 Mr. Gibson stated that there are 560 trees to be removed, based on the recently approved stormwater waiver to MORPC standards. The applicant is now proposing replacement of ~ 100 trees with trees to be planted in the five-acre park strip along the south side of Summitview Road and along the east side of Riverside Drive. Mr. Hale stated that located along the south side of Summitview Road is a linear park to buffer the lots that will back onto Summitview. They are proposing to create a Wow element in that open space to screen those houses. What will be done is subject to staff approval. He was contacted by Mack Parkhill of Riverside Drive who requested that similar treatment be done on the east side of Riverside Drive. They have agreed to do so and to meet with him prior to taking a plan to staff for approval. As outlined in the materials provided, they also propose to reforest the retention areas to the extent possible without disturbing the water detention capacity of the basin. Mr. McCash asked if the developer plans to bury the power lines along Summitview I i I ' I iil!.... '"kI.H '.H HH,'U,Jldlil FHildl', I I , , Ii RECORD OF PROCEEDINGS ..,~........~w...................~........w........Minu.tes.,..of....w....w~..............~............~...~...w_.........~..w~._......IJub.1in...Ci~...Coon.ciL.....w....w.....w..........w..._......~...~....w.l?~.e....l.s......~...Mee,ting..w.....~.......... DAYTON LEGAL BLANK. INC.. FORM NO. 10148 Held April 2, 2001 , (YEAR) I where the trees are to be planted? Mr. Hale responded that they will not bury the power lines along Summitview. There is adequate room to accommodate the landscaping away from the power lines. Mr. Reiner asked the applicant to substitute crabapple trees for the Washington - Hawthorns. Mr. Hale agreed. Mrs. Boring moved to approve the tree waiver subject to the condition that 100 of the trees to be removed be replaced in a five-acre park strip along Summitview Road, and that the applicant will work with Mr. Parkhill and staff on a plan to infiU the area along Riverside Drive, subject to staff approval. Mr. Adamek seconded the motion. Mr. McCash specified that the trees should not be located. under the power lines, as discussed tonight. Vote on the motion: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, no; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes. Council Round Table/Committee Reports Mrs. Boring: 1. Congratulated Mr. Hansley on winning the Chamber of Commerce raffle drawing for a trip to Ireland. She encouraged him to call upon the Lord Mayor of Ireland during his visit. 2. Thanked staff for the delivery of the Street Maintenance plan at this early date. Is any action from Council needed at this time? Mr. Hansley stated that staffwill proceed with the bid for the program, unless there are any amendments or changes approved by Council. - Mr. Kindra pointed out that Summitview Road is included for an overlay in the proposed maintenance program. Following this major repair, it will be difficult to go back and install water and sewer in this area. Ms. Chinnici-Zuercher: 1. Noted that Council received an e-mail from a resident regarding the lack of shopping cart corrals at Big Bear and Kroger. She asked for a status report from staff. Mr. Gibson responded that staff has met with owners of both shopping centers and will meet again on Wed.nesday to devise a solution. There are some legal issues regarding whether cart corrals were approved in the final development plan, and ifnot, whether they would be required to submit a revised final development plan. Mr. Ciarochi stated that Big Bear was asked to remove them because they were not part of the original plan approval. This issue came up at the time of the review of the Enterprise Car Rental development, and P &Z directed staff to have the cart corrals removed. Staff is attempting to work with the parties to come up with a solution. Ms. Chinnici-Zuercher stated that the B.l's Wholesale store has cart corrals on a hill which will not safely retain the carts. This is a dangerous situation in parking lots. Mrs. Boring stated that P&Z currently advocates landscaped parking lots and cart corrals. Mayor Kranstuber stated that regardless of what has happened in the past, the shopping centers should now request amendments to their zoning text and request hearings before P &Z for cart corrals. Mr. Ciarochi is working with the entities to come up with a compromise, such as landscape timbers around the cart corrals. Staff would then bring the new standard to the Planning Commission for review. Mr. Hansley stated that if four members of Council support having cart corrals, this should be made clear to Planning Commission. Mr. Ciarochi added that P&Z believed that if an item was not shown on the approved development plans, it should be removed. Ms. Chinnici-Zuercher stated that it makes no sense to have a grocery store in a shopping center without having cart corrals to accommodate carts. Mr. McCash stated that he believes that the big box retail standards included landscaped shopping cart corrals, similar to those at BJ's. Mr. Gibson stated that adding parking corrals absorbs parking spaces, and the centers no ... , : I I I'!; , "",.,.. i:U~I:t , I " :-! RECORD OF PROCEEDINGS ......~.._.....--..............~,~..~......w.Mi.lll11e.s..oi............~.......................................~~.......~..~....~_....~.......D.:t..thl.m...c.it)L~:u.nc.iL....w,...............~........~--..._..,~..~......E.a.ge...16........_.Me.e.ting~.~~..w... , DAYTON LEGAL BLANK. INC.. '"'OHM NO. 10148 Held April 2, 2001 , (YEAR) longer can meet the minimum parking requirements as approved in their development plan. Staff indicated they will continue to work on a solution. 2. Ms. Chinnici-Zuercher asked about the status of the staffreport regarding the -. fence code issues raised recently by citizens. Mr. Ciarochi stated that staff is working on this matter, and they have notified residents that Council will be reconsidering the issue in the near future. Greg Jones and Dave Marshall are working on the report. 3. Asked about the status ofthe Washington Township Fire Department inspection of the Mary Kelley's cooking ventilation systems. Chief Bostic will investigate and report back. 4. Spoke with Mr. Masri today, and he indicated that he felt very positive about the outcome ofthe recent court hearings on the Shoppes at Athenry issues. The citizens have done an excellent job of staying on top of these issues. Mrs. Boring stated that Council needs to officially refer the issue of odor control devices in future development to the Community Services Advisory Commission. Ms. Chinnici-Zuercher moved to refer the matter of odor control devices for restaurants to the Community Services Advisory Commission. Mrs. Boring seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Mayor Kranstuber: 1. Asked if staff is responding to Joy Mueller's letter, and Mr. Ciarochi indicated that this is being handled by Engineering. - 2. Noted that a letter was sent by a resident to Council regarding the City's lack of an updated existing zoning map. He asked staff for a response. Mr. Gibson responded that there is not a recently adopted, official zoning code map. There is an existing data base listing the current zoning of all parcels, and part of the new zoning code to be approved will include an updated, existing zoning map. Mr. Hansley stated that he would work with staffto respond to this citizen's e-mail to Council. 3. Suggested that Council establish some consistent criteria for tree waivers, either in the ordinance or administratively. Mr. Hansley responded that what Council recently enacted was a policy for tree waivers, wherein staff determines that the applicant meets certain criteria to secure a favorable recommendation for waiver. Mr. Reiner offered that additional criteria should be added to include the health of trees or trees past their prime. An inventory should be done to assess the health of existing trees so that this information can be used in these deliberations. Appointment of Acting Clerk of Council Mayor Kranstuber moved to appoint Marsha Grigsby as Acting Clerk of Council for the period of April 3 through April 5, 2001. Mr. Adamek seconded the motion. Vote on the motion: Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, ~ yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. I Adjournment to Executive Session Mayor Kranstuber moved to adjourn to executive session for the discussion of personnel matters. Mr. Peterson seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes. Mayor Kranstuber announced that the meeting would not be reconvened following the executive session. The meeting was adjourned to executive session at 9:55 p.m. '., ! ! I I II ;". ,ifH.(u!' .:1 :n:u",:!I!I:! W'"'''' H II1'HI' Lii,inl I , :, ,.,., , .u' """":".'" .!;< U)' nlm;R"".:'U!",:nI"~" ;'ni""',.;- .Ii: k' : I RECORD OF PROCEEDINGS "...~..........~....~.....~.....~,~,....-.Minut.e.s...Di...............~~.....~........w~~.....~..............~.......~~..~.........,..DtLhlin..Ci.ty...CO.u.ncil.....~~......,~~..~..~.....~.......~_...~.....J?4g.e.J...:z..........-M.ee.ting.............~..... I DAYTON LEGAL BLANK. INC.. FOHM NO. 10148 April 2, 2001 , (YEAR) .- r ~A-a_f~ Clerk of Council ~ -