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HomeMy WebLinkAbout05/21/2001 i i i I I I RECORD OF PROCEEDINGS "M,"'M""M"""~'~""~""""MmMM"M,","Minut.es",.of"'Mm"W",m'"'~W""W"~""'~M"~_',"~,"',,""W~,"MM"M,"M'MmMM,"J)y-bH.}l,Git:y"~ttRGil"'M"w'~'~'MM,,~,,._~,wmMwm"'MM'~"w"~~"""wmwM,~wM,,~,~,,Me.eting~~m_,wMm" DAYTON LEGAL BLANK INC. FOAM NO 10148 Held May 21,2001 , (YEAR) Mayor Kranstuber called the Dublin City Council meeting of May 21,2001 to order at 7:00 p.m. Mr. Peterson 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, Ms. Grigsby, Mr. Ciarochi, Mr. Smith, Ms. Clarke, Mr. McDaniel, Mr. Harding, Mr. Kindra, Mr. Stevens, Mr. Gibson, Mr. Hahn, Mr. Price, Mr. Husenitza, Chief Geis, Ms. Heal and Ms. Hoyle. Appointment of Actine Clerk of Council Mayor Kranstuber moved to appoint Judy Beal as Acting Clerk of Council for the period of May 21 - May 25,2001. Mr. Adamek seconded the motion. Vote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Approval of Minutes of May 7.2001 Council Meetin~ Mayor Kranstuber asked if there were any additions or corrections to the minutes. Mrs. Boring requested that on page #7, the first paragraph, Mr. Adamek's comment be clarified as follows: "if the request was to invest $2 million at this point. . .." to "if the request was to invest $2 million for road revavement at this point. " Mayor Kranstuber moved approval of the minutes as clarified. - Mr. McCash seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes. Correspondence The Clerk reported that a Notice to Legislative Authority was sent regarding a new D5A liquor permit for Victory Healthcare, Inc., d.b.a. Golf Centre of Dublin, 6720 Riverside Drive. There was no objection to the issuance of this permit. Citizen Comments Kenny Webb. 7525 Dublin Road, noted that he has provided materials for Council's consideration. He stated that he is very disturbed that the City is continuing with plans to take land from him against his will, although there are other options for placement of the bikepath. An additional grievance to him is that the landscaping along the bikepath will be his obligation. The maintenance, in terms of investment of time and finances, will fall to him, as he will be the only party who is significantly affected by the appearance of the landscape. As the bikepath is planned for construction in the right-of-way of the property adjacent to his, he requested that the plans be amended to continue the bikepath from the right-of-way of Mr. Wickline's property through the right-of-way of his property, an area of approximately 200 feet. He pointed out that the City would have the additional ~ savings of the cost oflandscaping for the bikepath, as replacing a tree or two next to the right-of-way would be much less costly. Staff Comments Fee Waiver - Dublin Coffman Hi~h School Mr. Hansley referred to correspondence provided in Council packets from Dublin Coffman High School. Ms. Cathy Sankey, Assistant Principal, requests a fee waiver for use ofthe Rec Center meeting hall for the Challenge Leadership Program, a six-hour leadership development program, which will be attended by eighty students. Mayor Kranstuber moved to approve the fee waiver for Dublin Coffman High School as requested in the letter of May 10, 2001. Mr. Adamek seconded the motion. . . r--~... .:'"""',di;,;L,'.,~I",;""d.,\;, [; ;,,'iLllil.i ,u,L,Li1:Lt;j.ihl,'.lii,-rr;. i.ll.'! I' , 1.:1 RECORD OF PROCEEDINGS '~"'_"_ffff"'ff"~'_'ff~""ffff__"ff",MinuteBffJ)i_"",,_,'ff_'_'_"'~ff'_'_'ff"ff'_"___ff_'_~"_"ff"_"'ff__",D,uhlinffCity-"C::O:unciL"'ff'_"-'~ff'_""~'__"~ff_'~'~ff,J?,.age.2,"""'ff_,_Me~ting"_'ff_"M'_'" DAYTON LEGAL BLANK INC. FORM NO. 10148 Held May 21,2001 , (YEAR) Mrs. Boring stated that Council's policy has been to deny fee waivers for individual groups or associations from the school. Several requests similar to this one have been denied, as a reduced rate was established for these user groups in the master fee ordinance. The fee waiver for the after-prom party was approved because it was an event for the entire high school and had a public safety and welfare benefit. - Vote on the motion: Mrs. Boring, no; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, no; Mr. McCash, no; Mr. Adamek, yes; Mr. Peterson, yes. Mr. Smith stated that staff will request the tabling of Ordinances 34-01 and 66-01, which were scheduled for public hearing tonight. LEGISLATION PUBLIC HEARING/SECOND READING - ORDINANCES Ordinance 51-00 - An Ordinance Providing for a Change in Zoning for a 25.8 Acre Parcel Located on the Southwest Corner of Dublin Road and Tuttle Road, from: R- 1, Restricted Suburban Residential District, to: PLR, Planned Low Density Residential District. (File No.00-024Z - Llewellyn Farms South - Wuertz Property - 4189 Tuttle Road) (Applicant: National City Bank, Trustee ofthe Pauline Wuertz Trust, c/o Gary Moreland, 155 E. Broad Street, Columbus, Ohio 43215) Ms. Clarke stated that this is a request for a rezoning for 25.8 acres, the Wuertz property, located to the east of Thomas Elementary. The site is zoned R-I, and this is a proposal to rezone it to PLR, Planned Low Density Residential District, a single-family zone, for a development of39 houses. She showed slides of the site, stating that it is a flat, open site, located in the River Corridor, and perfect for single family development. The application allows ample parkland. She added that this ordinance came to Council a few months ago. - At that Council meeting, due to opposition to the rezoning, the applicant requested that the legislation be tabled. It was tabled and referred to Planning and Zoning Commission for further consideration. Following review by Planning and Zoning, this amended plan was submitted. The Commission recommends approval with sixteen conditions, as noted in the Planning and Zoning Commission Record of Action dated March 1,2001. She pointed out that, as part of this application, two waivers are requested. One is a waiver to the standard street tree requirement along the frontage. They would like to leave in place the existing trees and augment the tree row. There is also a request for a sidewalk waiver, which would be for the park side of Belfield. She pointed out that Condition #1, as recommended by Planning and Zoning would alleviate the developer's requirement to construct a left turn lane on Dublin Road. Staff endorses a left turn lane on Dublin Road; there will also be a left turn on Tuttle Road at the entrance to this site. Ben Hale. Jr.. Smith & Hale. 37 West Broad Street, stated that the plan includes 38 lots under 1.5 units/acre, with homes that will cost over $350,000. The applicant's position is that a left turn lane is not needed on Dublin Road. Mr. Wilcox will address that issue. The neighbors to the south, in a Columbus subdivision, are requesting a bikepath along the southern property line. The developer has offered to give easements to the street between lots that would line up with the subdivision on the other side, assuming that the neighbors in the Columbus subdivision also provide easements for the connection. The developer does not want to lose the tree line along the Wuertz property. To provide the - bikepath and save the tree line, the bikepath would have to be placed on the lots. The developer has agreed to the bikepath between lots, which is the usual Dublin standard. Charles DriscolL Edwards Land Company, added that they have doubled the required open space on this proj ect. They are not certain if their builder, Duffy Homes, will build here, due to the significant commitment at the Ballentrae project. However, that should not affect the price of the homes. He added that there will be 34 homes, 17 along each road, in this subdivision. He does not believe the turn lane is warranted for such a small neighborhood. Gary Wilcox. traffic engineer for the applicant, stated that they were asked to look at the turn lane warrants for these two driveways. They used the ODOT standards in evaluating traffic. The traffic volumes would have to increase three-fold to meet the warrant for a ! 1 r- I j '.W 'Jli.i':,l.:.lH. ; I ,j 1 1;1 RECORD OF PROCEEDINGS """~"~~,w",~""",~"",w",,~.t.eSw,Qf,,_,,,w,,,w,"""""",ww,~,~w~""""w,w,~~""""~w~,,Du:blill,,Ci~,.c.()uncil""""w",~,,~~ Eage3 ~.eting Z ".".,..,."."..".,.,.,"'''''''''''''''',_".'''''''''"."."., ,,,./,,,.""",,-/,,=,,,,.," " '" ~/""'"."""'",./,_"""""'''''' , Held May 21,2001 , (YEAR) turn lane on Dublin Road, and by two-fold on Tuttle Road. Mr. Hale added that Dublin Road is not a State highway. It is a 25-mph, local collector street, not an arterial. It is also a scenic road, and a left turn lane would look inappropriate. Traffic is also unlikely to increase significantly on Dublin Road, although ...-- it may increase on Tuttle Road. Mrs. Boring asked if their evaluation was based upon the 2040 buildout, or upon the current traffic numbers. Mr. Hale responded that it was based on current figures, not buildout. Sos Codispoti, 5602 Braeside Ct, stated that he is the president of Llewellyn Farms Civic Association. Tonight, he is representing this subdivision as well as Dublin Road residents from Hayden Run to Rings Road. Their hope is to maintain the integrity and character of their neighborhood. Their desire has always been to: 1) Have low density, single-family homes with the same character and consistency of the existing neighborhood; 2) Have curbcuts on Tuttle Road, similar to those for the homes on the north side; 3) Have the homes face onto Tuttle Road. None ofthese desires were met. The developer has worked with their neighborhood, but the plan submitted by City staffis a reflection ofthe City's desires, not the southeast residents, who will be affected. They do agree that Llewellyn Farms South is a beautiful development. They request that Council uphold Planning and Zoning's recommendation to eliminate the turn lane on Dublin Road. It is both out of character and unwarranted for that road. There are 72 homes in Monahan Estates, yet there is no turn lane. Waterford Subdivision has 241 homes, and no turn lane. Hertford, in the center of Llewellyn Farms ~ and serving 135 homes, has no turn lane. They also request the elimination ofthe turn lane on Tuttle Road at Belfield. This is a 25-mph road with houses facing Tuttle. The left turn lane would allow traffic to flow more quickly past the school and park on Tuttle, jeopardizing the safety of the children. The residents' desire is to slow the traffic, not speed it up. There are two entrances in the existing development plan for 34 homes, and there is no need for a left-turn lane. Chris Joos. 5239 White gate Court, president of Monahan Estates, stated that their subdivision is on the southern boundary of the Wuertz property. He stated that the plan for Llewellyn Farms South is beautiful, however, Planning and Zoning did not adequately consider the surrounding neighborhoods. They have offered only one option, a straight cut-through, which would require adjustment ofthe property line between two houses. These are l8-year old homes with established landscaping, a neighborhood never designed to accommodate a bikepath. He did contact all of the residents, and none are agreeable to making that sacrifice. The only other option available is the 20-ft. no disturb/no build zone. The tree line there is nice at one point, but the rest is wild brush and overgrowth. Placing a trail or bikepath through that area -- set two yards from their property lines, within a 10-yard space, and leaving 15 yards of trees and brush - no one would see the trail on either side. Currently, there is a nature trail that runs :from the ball diamond to the Petty's house; it is a clear path bordered by a stone fence. Although the best solution may be to extend the sidewalk from Dublin Road to Monahan Estates, the City of Columbus has refused on the grounds that it would be too expensive to raise the ~ curbs for sidewalk installation. The most feasible solution is to change the 25-ft "no disturb" zone to a "no build" zone and let the residents preserve the secluded nature trail already there. They are not requesting that the developer do anything to incur expense, but would ask permission for the civic association to be allowed to remove some of the brush to continue the path through the over-growth area. Mayor Kranstuber inquired who owns the property on which the 25-ft. "no disturb" zone lies. Mr. Hale responded that the tree line is on the property line, but the path would be on the developer's land or the rear of the individual lots of the new development. Mr. J oos stated they would be satisfied with an easement along the tree line, with no I ,I I I.! : ,. .I,illl I" '1"; i,.1 , " 'Iii 1;1 ;, '" U;,{,~ ,<fjd""" 1~'!ffH~i1itWJi'i!tj~'~H!iIH;;! i i~i'!fjiljtll~l;li.li~didl;i;k iHI'K'; 'l~kfjtjHi;.l'hiit!1!lfii, !', 1 I RECORD OF PROCEEDINGS ,."""w<wm,ww"wwmw,www'~""m"w"~,,,,w;,Minut.eswwof,,ww,,ww,,wwww"wwwww"",wm_mwwwwmwwww"ww",w"www"ww,ww,w",,,,,w,,wwI)u:bl~"City~Co'LlnCilmm""w'''m,wm~mwww,wm",ww,wwww,w,ww",w''''mJ?~e"A"""www",w"M.e.etingw",w"w",,,w,,,,,,,, UAYTON LEGAL BLANK INC. FORM NO. 10148 Held May 21,2001 , (YEAR) expense incurred by the developer. Mr. McCash suggested that the Monahan subdivision collectively persuade the owners of Lots 15 and 16, for instance, to agree to an easement for a four-foot sidewalk between their lots running down to the street, then over to the 10- ft. pedestrian easement to the -- school. Lot 15 is at the end of the culde sac; lot 16 is to the left of it, and there is space for an easement. He stated that ifthe homeowners are willing to give up that land, the developer will give the additional easement and connection. He suggested that the subdivision could compensate the owners oflots 15 and 16 for the easement. He pointed out that moving one lot further north, it is possible to walk up Limestone Ridge Drive, around Burnham Court, and into the school. The other options, running a bikepath along the back of the properties connecting to Dublin Road, or having the City of Columbus construct a sidewalk, are not as efficient. Matt Bonahoom. 5711 Chatterfield Drive, stated his two children, ages eight and ten, attend Thomas Elementary. He requested that with any further development on either side of the road near Tuttle, the City consider constructing a tunnel under Tuttle Road so that the children could safely cross at the school. Mr. McCash stated that, typically, Council is cautious about doing something that is not warranted, as the City can incur liability. Could left turn lanes that are installed although not warranted result in an increase in traffic speed? Mr. Wilcox stated that use of the term "warrant" when determining traffic control devices that are in the manual of uniform traffic control devices does have legal significance. However, his use of the word tonight in regard to design considerations ~ could be replaced with the word "guideline. " Mr. McCash asked if the absence of a left turn lane would result in slowed traffic? Mr. Wilcox responded that because the volume oftraffic is low in that area, a left turn lane would not have much effect on the speed of traffic. Mr. Peterson inquired about P&Z's justification in disapproving a left turn lane on Dublin Road, yet requiring one on Tuttle Road. Mr. Hale responded that the Commission's focus was on Dublin Road as a scenic road; it did not focus on Tuttle Road. Mr. McCash moved to amend Condition #3 to indicate that if a connection can be identified between Monahan Estates and the new subdivision as a north-south connector for a bikeway or pedestrian way prior to the preliminary plat stage, that this connection will then be shown on the preliminary plat. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. ,..."......, Mrs. Boring asked for affirmation of paragraph #2, which states that if they "place a note on the preliminary plat, an action serving to prevent City Council from addressing traffic concerns in the future...." Ms. Clarke stated that this is correct. Mr. Hansley stated that a compromise would be not to note it on the preliminary plat, but instead not require that the developer perform it at this time. It preserves the public's right to install it in the future. Mr. McCash stated that this would not be his interpretation. The text indicates that the applicant is not required to install a left turn lane along Dublin Road. Although the applicant is not required to install it, it does not preclude the City from doing so at a later date. 1 1 ;1 ;1 ; 'i'H~;.dH I;; : '" ',' , ;,: ' ""'0':":_:1' ,,,-,,,,,,,,,:.,;,,,,,,,,,,,,-,;,,"",,,,,,,. HJ".ll!'~'::U:' .,- "c'mJ'.l:-<'K:\'I""I":"i~'lni j.:-Ul'..':11/'l,..".I,:'W,W."! .ll"! , RECORD OF PROCEEDINGS .","-,""""_~","_",,,_",""~"""~_~,,~_,,",,~.MinuteB,,~Qf~_~"m_~""~""~,,"",,","m'~'"_"~"'"_'""~""""~""~"~"",","'"'m~_'""___m,,D,ublitl"CitJL~,ouncil,,","'""m~__""""""""~""~"m"~""'" :Eage5 .Me,el~ '''_'''''''''''''",''/''~h: '",,, mH=H"''''''''"" " . "'''''''''''''''N''''",M''"'''Um DAYTON LEGAL BLANK INC. FORM NO. 10148 Held May 21,2001 , (YEAR) Ms. Clarke stated that staff will note the preliminary plat accordingly. Mr. McCash moved to amend the conditions to eliminate the requirement for the applicant to install a left-turn lane on Tuttle Road. - Mr. Peterson seconded the motion. V ote on the motion: Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, no; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, no, Mayor Kranstuber, yes. V ote on the Ordinance: Mr. McCash, yes; Mrs. Boring, no; Mayor Kranstuber, yes; Mr. Reiner, no; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes. Mr. Adamek moved to grant the sidewalk waiver and the street tree waiver per the May 17th memorandum for the rezoning application for Llewellyn Farms South. Mr. Peterson seconded the motion. Vote on the motion: Mayor Kranstuber, yes; Mr. Reiner, no; Ms. Chinnici-Zuercher, no; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. Ordinance 07-01 - An Ordinance Providing for a Change in Zoning for 1.401 Acres Located on the West Side of Avery Road, 300 Feet North of Corporate Centre Drive, from: PIP, Planned Industrial Park, to: SO, Suburban Office and Institutional District (File No. 00-119Z - Northwest Corporate Centre - 5695 Avery Road) (Applicant: Mid-States Development Corporation, c/o Randall Asmo, 6360 Rings Road, Arnlin, Ohio 43002) Ms. Clarke stated that this area has had a township zoning of Planned Industrial Park, which eventually must be rezoned to a Dublin classification. Under the PIP zoning from the township, office use was a permissible use. Last summer, the applicant received a - variance from the Board of Zoning Appeals related to sideyard and parking spaces. One ofthe conditions was that the land be rezoned to an appropriate district, SO, Suburban Office and InstitutionaL This resolves the condition on their variance. V ote on the Ordinance: Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Peterson, yes. Ordinance 33-01 - An Ordinance Providing for a Change in Zoning for 1.959 Acres Located on the South Side of Perimeter Loop Road, Approximately 750 Feet East of Muirfield-Avery Drive from: PCD, Planned Commerce District, to: PCD, Planned Commerce District. (File No. 01-022Z - Perimeter Center Subarea E - Panera Bread - 6665 Perimeter Loop Road). (Applicant: Benjie Enterprises, Inc., c/o Don Weaver, 2221 Teardrop Avenue, Columbus, Ohio 43235) Mr. Gibson stated that this is a request for a minor revision to the Perimeter Center Planned Commerce District. The application includes the creation of a new Subarea L from a two-acre portion of Subarea E. The modifications include three main parts: (1) the addition of outdoor seating as a conditional use; (2) the increase of permitted height from 28 feet to 32 feet for the structure; and (3) the reduction of required parking spaces from 117 to 82. Mr. Gibson showed slides of the site. The Planning and Zoning Commission recommended approval on April 19, 2001 with the following two conditions: (1) That the text be revised to reflect outdoor dining as a "conditional use" rather than a "permitted use," and that outdoor music or loudspeakers, outdoor advertising on !"""- umbrellas, and outdoor winter storage of furniture be prohibited; and (2) That if it is deemed necessary by Dublin Code Enforcement, that parking spaces be added, subject to staff approvaL Mrs. Boring referred to page 73 of the Perimeter Center Development Text and stated that this text applies to the new subarea, not to one particular applicant, i.e. Panera Bread. Mrs. Boring moved to amend page 73 of the text, Item #3 under "Height" to remove the applicant's name and read, "Building height shall not exceed 32' at the peak of the pitched roof" Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. ! ! I I :I J !/ .iHdliili "".1.1,1 .1 ii' i i" i i ., il'i 1;1 RECORD OF PROCEEDINGS ""m'"wmw""'m""mw"m"'mmmm~m'""mw,,"MinuteSmmOi'"MmWm'M"""W,m"m'mm'mWm_'"'m'M"""mm""",wmm'm~"mW"'W,m",mm,,wm_mDu:QlillwCity"COUllCi-Lw"Mw,w,w'm"'m_m_,w""m,w'"~mm"m'_m'_~"'mmm:eage".6.'mm'mm'm'mwm"Me~1ing..,'_m"m""'_'_, DAYTON LEGAL BLANK INC. FORM NO 101411 Held May 21,2001 , (YEAR) Mrs. Boring referred to page 69 ofthe text and suggested that the word "the" be changed to "a" 5,000 square foot restaurant. This also removes reference to a specific applicant. Mr. Gibson agreed to administratively make that minor change. ,..-.. Mr. McCash stated that he has a concern with the site layout. The trash enclosure faces Avery-Muirfield, and there has been a consistent problem with the trash hauler leaving the doors of such enclosures open. It would be preferable if the doors faced the restaurant rather than the road. In that case, if the doors were left open, there would be an incentive for the owner to close them. Mr. Gibson responded that staff discussed this issue with the applicant. It is the applicant's position that in terms of access and circulation, this is the best alternative. The applicant addressed the issue by adding the feature of the 8' brick wall to conceal the service structure. Mr. McCash stated that this is a restaurant with sloped roof, but nothing is specified showing provision for exhaust fans, which are typically roof-mounted, nor for screening of such fans. Mr. Gibson responded that deep-frying is not part of the cooking process for this restaurant, a process which requires the large hoods. The vents are located on the side of the building and are well concealed. Mr. McCash inquired about provision for satellite dish antennae. Mr. Gibson stated that two small dishes are proposed, and staff requested that they be painted to match the surrounding material and that they be concealed to the extent -- possible. Mr. McCash asked if they are building or ground mounted. Mr. Gibson responded that he does not know. Mr. McCash asked the applicant ifthey could be ground mounted. Don Weaver, proiect architect, stated that the applicant proposes one small satellite dish, which is required to face a certain direction. He is unsure if it could be ground-mounted, but can verify that. Mr. Reiner stated that a ground-mounted dish could be more unsightly than a wall- mounted, concealed dish. Also, if the landscape screening becomes wet and drips water on the dish, it may ruin the reception of the dish. Mrs. Boring agreed that she could not see the advantage in a ground-mounted dish and wondered if liability might actually be higher with a ground-mounted dish. Mr. McCash stated that residents are beginning to attach satellite dishes in different locations on their houses, which can be obtrusive. On the ground it is less intrusive to the architecture of the building. Mr. Adamek moved to approve ordinance 33-01. Mr. Peterson seconded the motion. ~ Mr. McCash moved to add the following conditions: (1) amend the text to provide that the trash enclosure be kept in a closed condition; and (2) that the satellite dish be located in the more aesthetically pleasing position, ground or wall-mounted, as determined by staff. Mayor Kranstuber seconded the motion. Vote on the motion: Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. V ote on the Ordinance: Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes; Ordinance 34-01 (Amended) - An Ordinance to Establish Dublin Zoning for I i ! I :1,1 '. Ii , ., 'Hi". , I' RECORD OF PROCEEDINGS _"m_mmmmmmmmmm_mmmmmm_mmm~mmm'm'm,MinuteB_,QLmm_m_m_'"mm"mmm_mmmmmm_~m~m_m_m___mmmm~mm_"_mmmm"D~litlm".City",mCOUIlciLmmm__..mm'mm."m__~mmm m Eage :2 -Meelin~ ' ' '" "'/""'NWH"""'''''k,,",,''' "'" 'H"'" ",,*,,n_,,.,,,,,",,,,., , ,,,.,,"'''',,.'''''''''',,,'''''',''',,,,. UAYTON LEGAL BLANK INC. FORM NO. 10148 Held May 21,2001 , (YEAR) Approximately 509 Parcels Comprising an Area of Approximately 872 Acres, As Annexed from Perry Township Prior to 1975, Bounded on the North by the Franklin/Delaware County Line, on the East by Sawmill Road, on the South by 1- 270, and on the West by the Scioto River as R-1, Restricted Suburban Residential District. (File No. 01-006Z) - Mr. Smith stated that a difficulty occurred in the proper notification of property owners. To allow for a second notification to be made, he requested that this ordinance be tabled to the June 25, 2001 Council meeting. Mayor Kranstuber moved to table Ordinance 34-01 to the June 25th Council meeting. Mr. Adamek seconded the motion. V ote on the motion: Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Ordinance 63-01 - An Ordinance Authorizing the City's Participation in MORPC's Study Regarding Traffic and Growth Management in Northern Franklin and Southern Delaware Counties, and Appropriating Funds Therefor. Bob Lawler, MORPC representative, stated that this is a facilitation effort by MORPC. A significant amount of growth is occurring in northern Franklin and Delaware counties. The objective is to bring together different political subdivisions and special districts - such as Parks, Water, and School districts, to share concerns and develop a 20 to 25-year plan. The next step is to identify certain levels of service from different types of infrastructure, such as roads, police, or fire services. An additional step would be a growth monitoring system. This study relates to growth management; it doesn't carry it out. Finally, the study will identify means to redress a balance ifthe growth exceeds expectations. - Mayor Kranstuber inquired what financial commitments have been made at this point from surrounding cities, such as Westerville, Worthington, and Delaware. Mr. Lawler stated that the study focuses only on the northern tier of Franklin County and the southern-most townships of Delaware County. It encompasses an area from the Hoover Reservoir west to the Franklin-Delaware County line. Westerville has paid what they committed to, and there is a commitment of $30,000 from the City of Columbus. MORPC has requested a $30,000 commitment from Worthington and is in discussion with Delaware County entities, but no commitments have been made to date. Mr. Reiner inquired how the financial participation is distributed among the communities - according to population or land mass? Mr. Lawler responded that the initial intent was to accumulate four shares of $30,000.00, but the request has been made to seek additional shares from Delaware. Discussions have occurred with the Delaware City Manager and the Delaware County Administrator, Regional Planning Commission, Engineer, and the City of Powell. - Mr. McCash inquired about the commitment made by the parties involved in the study to abide by the outcome. Mr. Lawler responded that an objective of the study could be to secure a commitment from the various parties to follow the guidelines developed by the study. Mr. McCash stated that the City of Dublin has already completed their Community Plan for the City and its exclusive annexation area at a cost of approximately $1-1.5 million. Mr. Lawler responded that Dublin is being impacted by development that is occurring outside its boundaries. The objective is to bring together all the entities ! ! I I .1,1 . !li!1: ,,[.L "t.."! ,... Ii , .' , .' .r """"".''''H_'''.'.'''''.'.,,'''' , RECORD OF PROCEEDINGS r""-"""","-",-"""-",-,_,_""",,.Mi1lll1es~oi,,,,,",-"'"""M",~,-""""""-,~,,,"-,,-,~,,----,--QubJi:t::J:."G:i,ty-GGl!ll:GiJ",-",-,-,.,-"""-,-""-"~,-""",,,,wP,age-J)"""""_""Mee1ing",w,,,,,,__, Held May 21,2001 , (YEAR) r and persuade them to take the same kind of view that Dublin has taken regarding growth and the management of growth. It is a collaborative effort to educate the various parties, to jointly develop standards, and to reduce competition. Managing the growth taking place in this area will mutually benefit all. -. Mr. McCash stated that the growth is largely occurring in the City of Delaware or in portions of southern Delaware County that Columbus is annexing, all of which are being impacted by the residential and retail growth in the area of the Polaris mall development. As Columbus and Delaware control that area, the financial commitment should primarily be theirs. It would not be Dublin's responsibility to financially commit to a study of how to control growth in their area, although Dublin can agree to work cooperatively with them. It is at least premature to bring the proposal to Dublin without commitments from the key players who will benefit from the study. Mr. Lawler stated that at this point it is intended to be a dialogue to develop a plan addressing such issues; further commitment to the process will be voluntary. Even if they cannot financially contribute, all the entities will be invited to participate in the discussion. Mr. Reiner stated that, for some time, he has been observing the urban sprawl of Columbus and wondered why MORPC has not been more effective. At Polaris, two- lane country roads are totally developed with stop signs and no traffic lights, resulting in much traffic congestion. Yet, the infrastructure is not keeping pace. On the other hand, Dublin has done a superior job in managing its development and providing the necessary infrastructure. MORPC should have been educating these - communities about how to handle growth by requiring the construction of the necessary infrastructure by the developers. Mr. Lawler responded that MORPC cannot require communities to take any actions, but they have attempted to educate them regarding their land development patterns. In the area of transportation, MORPC completed an outerbelt study to show the anticipated congestion and impact on the freeway system. They have provided other forms of education, but are unable to force implementation of change. Discussion continued. Mrs. Boring stated that Dublin has already undertaken these studies on its own, as no one wanted to work cooperatively. Columbus now has a serious problem with Polaris, and they want to share the expense of addressing the problem among the other communities. Dublin warned Columbus years ago about traffic congestion on 1-270, and when Dublin offered to speed up resolution by offering funding, Dublin was criticized for not contributing enough. Consequently, at this point, a commitment from Dublin doesn't seem appropriate. Mayor Kranstuber stated that he believes that regional cooperation is more important than some of the other issues presented. He suggested that some of the frustration may be because of the fact that Dublin has spent 200 to 500% more per capita on ~ capital transportation over the past five to ten years than any other city in this area. An estimated $80 million has been spent over the past five years on infrastruture needs. Dublin is doing its part and more because much of the need is a result of growth from the north. Until there are other east-west connectors in the Home Road or Delaware area, there is not more Dublin can do. Mr. Hansley agreed, but added that $30,000 is a relatively modest investment to have the opportunity to save the Sawmill/I-270 interchange or reduce traffic on Muirfield Drive from Tartan Fields; to maximize the efficiency of the roads Dublin has built; to share what Dublin has learned about moving traffic, staggering work hours, etc.; and encourage others to adopt similar codes to Dublin's. It is true that Dublin cannot build enough roads to solve the traffic problems, but perhaps there is something the cities can collectively do that would impact the problem. i : I i 1'1' il':1 :n;; ,."iiE''''",,, ," . ",,,mi' .'.;0' j;; ., ." ,....:: .' I" ".1.".MlI".,'J,',;'U"",.'''.' RECORD OF PROCEEDINGS """~""'"'W"""~"W~W~~""W,w,~"~"MinutelLoLw~"""","""""","""~"'"'W"W"'W'~'""'W"'""~'W""'"~~""-~""W"~,",""D:uWin",Cit~L'YUnG:il~""""""""'W'"~"~"'W'W",~,~",,~~"~""":ea-g,e""g"","""""w"",Me,e1ingw,""""",,"""~W' DAYTON LEGAL BLANK INC. FORM NO. 10148 Held May 21,2001 , (YEAR) r . Mr. McCash stated that he agrees with the need to cooperate as a region. However, there is no incentive to some communities to financially contribute if other cities have taken care of the need. It is premature for Dublin to commit at this point. ......- Ms. Chinnici-Zuercher questioned the logic of inviting everyone to the table, whether or not they choose to financially contribute. When people do not make an investment, they do not value the product, nor will they abide by an agreement made in conjunction with it. She suggested that MORPC reevaluate the plan of allowing participation with no financial investment, although a smaller share would be appropriate from those with a smaller tax base. She added that it would be more appropriate to ask Dublin to make a contribution after the others have done so. Mayor Kranstuber inquired if consensus was to table the ordinance at this time. Mr. McCash stated that because the ordinance includes a specific amount, it would be better to call for a vote. If it fails, it can be presented later with a different amount. Vote on the Ordinance: Mayor Kranstuber, yes; Mr. Adamek, no; Mr. McCash, no; Mr. Peterson, no; Ms. Chinnici-Zuercher, no; Mrs. Boring, no; Mr. Reiner, no. Ordinance 65-01 - An Ordinance Adjusting the Existing Ward Boundaries ofthe City of Dublin, As Required by Article 9.04 of the Revised Charter. Mayor Kranstuber stated that Council's goal was to bring the wards into accordance with the census tracts, and to maintain the existing ward boundaries to the extent possible. While keeping those issues in mind and attempting to incorporate geographical boundaries that make sense, and keeping neighborhoods together as much as possible, fifteen maps were -,.,.......... proposed. He added that version 15 is his recommendation. . Mr. McCash stated that Maps 13, 14, and 15 were close in reasonable boundaries. He noted that Wards 2 and 4 are expected to grow the most. He suggested that it may be advisable to frontload Ward 3 and Ward 1 slightly, so that as the other two wards grow, the numbers would remain closer. Mrs. Boring stated that she disagrees that Ward 1 would need to be frontloaded. There is a significant amount of growth occurring in her ward. She would agree, however, that growth in Ward 3 has slowed. Mr. McCash then suggested Map 13, as it frontloads Ward 3 slightly. Mayor Kranstuber stated that the neighborhoods of Asherton, Brandon and Sheffield Meadows were the key areas affected by these various versions. Mr. McCash noted that Maps 14 and 15 would split Sheffield Meadows and Asherton subdivisions. With Maps 13 and 15, the difference between Ward 3 and Ward 1 north of Brand Road is with Bristol Commons. He suggested that Bristol Commons could all be moved to Ward 1, if the intent is to keep that neighborhood together. ~~ Mrs. Boring stated that she prefers Map 13 as is without moving that section of Bristol Commons. Mr. Reiner stated that Map 15 is more contiguous with reasonable borders. Mr. Adamek stated that he agrees that Ward 1 can be expected to experience significant growth, as will Wards 2 and 4, and Map 13 would frontload Ward 3. Mr. Hansley pointed out that there is the potential for Ward 3 to grow northwest through annexation of the exclusive Dublin service area. Mayor Kranstuber moved to amend the ordinance to adopt ''Map 13" as Exhibit "A". Mr. Adamek seconded the motion. i ' I I 1'1" . ''''''' 1:.iIIJI I , TiT i T'JT RECORD OF PROCEEOINGS ,,,,_,,,,,,_,,,,,,,,,,,,,,,,,,__,,,w,,,,,,,,,,,MiIUlte.s,,of,,,,w,,w,,,W'''M'''''''''''m'M''_'Mm,wm'Mw,wMM''~''M""",_,~ww'MDubJin,Cit;LCo:unciL'-""""Mm""_"_'_'W"_M"M"_"m,~"E.ag,e",LQ"w""w",Me.e1:ing.,,~~'m"MwM" DAYTON LEGAL BLANK INC. FOHM NO. 10148 Held May 21,2001 , (YEAR) Vote on the motion: Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, no; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes. Vote on the Ordinance: Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Reiner, no; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. ~ Ordinance 66-01 - An Ordinance Authorizing the City Manager to Execute a Ground Lease With Craig R. Sonksen, on a 135' X 104' Tract of Land, Located South of Darby Street, City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mr. Smith requested that this ordinance be tabled to the June 11, 2001 Council meeting. To date, they have not received the final documents from Mr. Sonksen's attorney. Mayor Kranstuber moved to table Ordinance 66-01 to the June 11 th Council meeting. Mr. Adamek seconded the motion. Vote on the motion: Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Ordinance 67-01 - An Ordinance Authorizing the City Manager to Execute a Lease with Washington Towllship for a Police Substation Located at Fire Station 92, 4497 Hard Road and Appropriating Funds Therefor. Mr. Hansley stated that this formalizes an existing agreement. He noted that Administrator Tom Spring from Washington Township is present tonight. Vote on the Ordinance: Mr. Reiner, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. - INTRODUCTION & FIRST READING - ORDINANCES Ordinance 68-01 - An Ordinance Accepting an Annexation of 29.56+/- Acres from Jerome Township, Union County to the City of Dublin. (Valentin property) Mr. Adamek introduced the ordinance. Mr. Hansley stated that this an area north of the new third high school site. Council previously approved a statement of services and the Franklin County Commissioners have approved the annexation petition. Mr. Adamek inquired if the area is outside the scope of the Metro Park area. Mr. Hansley stated that it is east of the Metro Park and north of the high school. He noted that Ms. Grigsby provided a map with tonight's meeting materials. Mr. Reiner inquired about the intended land use for the area. Mr. Hansley responded that he assumes it is for residential development. There will be a second reading/public hearing at the June 11 Council meeting. Ordinance 69-01 - An Ordinance Accepting the Lowest/Best Bid for the Hawk's Nest Park Project. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated that staff recommends the low bidder. This project is for a basketball court and other amenities in the neighborhood park. There will be a second reading/public hearing at the June 11 Council meeting. ,.--." Ordinance 70-01 - An Ordinance Accepting the Lowest/Best Bid for the Dublin Arts Center Project. Mr. Adamek introduced the ordinance. Mr. Adamek inquired what the project entails. He recalls earlier discussions of renovations to make the building ADA compliant at a cost of approximately $200,000. The project cost stated in the ordinance is approximately $750,000. Mr. Hahn stated that staff's early estimate, before design, was approximately $750,000, and that is the range of the bids received. The project brings a residential property up to commercial code requirements. Mr. Adamek inquired ifthe elevator is a legal requirement for a building with a historical designation. Mr. Hahn responded that there was an option of seeking relief on that basis. However, the building code requires a second egress from the second floor. As the Arts Council i : I I 1,1' ." :ll!!.!:}H",.+ !'Ii:!,(nl i' ,. ! 'i i i ",,-'.""" '..j-,"~"Il,\, ". , RECORD OF PROCEEDINGS ~"'_m~'m~'NNNN_N_m'mNm_"'NU~'Nu"Minutes_Moi"NN"N"N'N"'~N'm"_"'NN"_MN_N_'~'N_"_NNM,m_N_N"MN"N'__MD,ub.linMCit;cCo:uuci.l'MMNmuM"m'NMNN"N_'N'_'__"NN"MmN'MuNNEzge"ll,_m_N'NM.ee1ingN'N_m'NN~_N" UAYTON LEGAL BLANK INC. FORM NO. 10148 Held May 21,2001 , (YEAR) specifically requested the elevator be constructed to meet the ADA requirements, the design was for an elevator shaft surrounded by a stairway. Mr. Adamek requested a breakdown ofthe cost. He inquired if the project could be re- bid. Mr. Hahn responded that it could; however, his understanding is that the payment ofthe ---- lease is based upon the renovation cost. The City will recoup its cost at lease end. Ms. Grigsby stated that as part of the lease negotiations, staff considered the cost of renovations as well as the cost of the site. Last December, the City issued debt to reimburse itself for the acquisition, along with $750,000 for renovations. This cost was anticipated. Mayor Kranstuber stated that although the project is funded with bed taxes, the question remains whether it is a good use ofthe public's money. Ifthe City provides the Arts Council additional bed taxes to fund the lease, even ifthe cost ofthe lease is based upon the cost of the renovations, the City is still essentially paying those costs. The argument could be made that the money could be used for many purposes which could be considered of more benefit to the public. The cost of the elevator seems exorbitant. Mr. McCash inquired how this situation differs from a TIP, where the City advances money for roadway improvements and is paid back from an increment ofthe tax dollars. Mayor Kranstuber responded that without that development, the tax dollars would not be generated. The dollars are captured and used for a public purpose. The bed tax dollars may be generated from outside the community, but they could also be used for local services, such as trash collection and water and sewer services. It is still necessary to be -. accountable to the public. Ms. Chinnici-Zuercher inquired about Section 2, regarding the use of the unappropriated balance in the tax fund. Could that impact future requests for grants? Ms. Grigsby stated that it could have an impact, as the more money used from the fund, the less is available for future requests. Currently, the fund is performing well. Mr. Hahn agreed to provide a breakdown of costs for the next meeting. There will be a second reading/public hearing at the June 11 Council meeting. Ordinance 71-01 - An Ordinance Amending the Annual Appropriations Ordinance for the Fiscal Year Ending December 31, 2001. Mr. Adamek introduced the ordinance. Ms. Grigsby noted that this ordinance covers appropriation for the odor control program, which the City has had in place for some time. The City of Columbus is in the process of constructing the capital project; however, they have run into a problem with excavation and utility line locations. The project is delayed with no estimated completion date. This appropriation will allow the City to provide the odor control program through this year. She added that Sections 2, 3 and 4 of the ordinance relate to the infrastructure agreements ~ that the City has executed with Multicon for the Ballentrae golf course development. This will allow for the funds originally allocated for those irifrastructure improvements to be set aside in separate funds. Mr. McCash stated that a $30 million sewer was installed 200 feet below ground, and Columbus has hit unanticipated rock for a biofilter, which is now delaying the project at a very large cost. Couldn't this have been anticipated? Construction along the river typically encounters rock, and this development is adjacent to the river. Ms. Grigsby stated that there was also a problem with the natural gas line. The location was not accurately identified, and when the installation of shafts or lines began, there were difficulties. Mr. Adamek asked that Ms. Grigsby provide regular updates at upcoming Council i : I I 11 :: 11"1li1T',F-,HI11Ff,'ii ~JI i .... I' ...','u.....,-,,.,,..'.;...., RECORD OF PROCEEDINGS '~~W~""~"~W"'."'~W~~'W",~~~"w...w;MinuleB.mof",w.,,",W_'~'.'~"~m'_m_~~m~"'W""m~~~~"~W'~"_'~W'WWWm"W'm"'m'","mD,ublill~,Cit;L~C.Q,unciL~'m'"'."".m~"'w,",.ww,~w,wW,".~,~m~..~wl~agem~12m~~m~~,",MeJ;~ling."'_"~~W,m"w. DAYTON LEGAL BLANK INC. FOHM NO, 10148 Held May 21,2001 , (YEAR) meetings. Mrs. Boring inquired if it will now be possible to extend Eitermann Road the entire distance, in view ofthe lower costs. Ms. Grigsby responded that this is possible, based upon bids received by Multicon. ."."......., Mayor Kranstuber moved to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion - Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. Vote on the Ordinance - Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Ordinance 72-01 - An Ordinance Accepting the Lowest/Best Bid for the 2001 Street Maintenance Project for the City of Dublin, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Hansley stated that staff received three bids and recommends the low bidder, Shelly & Sands, Inc. - a company the City has worked with in the past. Staff requests that the legislation be approved as an emergency tonight, so they can proceed with the summer schedule for this work. Mayor Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner, yes. Vote on the Ordinance: Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes. - Ordinance 73-01 - An Ordinance Accepting the Lowest and Best Bid and Authorizing the City Manager to Enter into a Contract for Construction of the Dublin Service Center, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Hansley stated that Mr. McDaniel has provided a detailed breakdown for the project. Staff requests adoption by emergency so that the project can be completed before the winter season. Ms. Chinnici-Zuercher asked why there are two alternates for sprinkler costs. Mr. McDaniel explained that, initially, staff believed that the entire facility would not require a sprinkling system. However, they have been apprised that in order to allow for possible expansion in the future, it is advisable to completely sprinkle the building. Mr. Hansley stated that the buffering, irrigation, turn lane, and bikepath are items the City was not required to do, but was requested to do by the Planning and Zoning Commission. Mr. McCash stated that the existing Service Complex does not have a turn lane. Mr. McDaniel responded that the existing Service Complex was in fact required to install a turn lane. However, that requirement was added later, and was not part of the original bid. The funding was not provided in subsequent budget cycles. The new turn lane is required by Planning and Zoning, but that particular section of road is not in the City of Dublin. The permit would therefore be filed with Franklin County. Mr. McCash inquired if there is a present need for a turn lane. Mr. McDaniel stated that it was included in this project due to the fact that Shier Rings - Road will eventually be subject to improvement or widening. It is a question of spending the money now, or retrofitting the road at a later date. Mr. Hansley stated that the bikepath is a similar issue. Because it increased the total bid by only $6,300, it was included in this project. However, ifthe road is widened, it may later need to be relocated. The construction of these last two items would therefore be a policy decision for Council. Mr. McCash moved to eliminate Item #3 and Item #4, with the understanding that the City will pay for those features when the road is widened. The motion died for lack of a second. iii - : : I I 1,1 ,I', ii' ,'" I: , , ".. " ,un' "" ~'H "'" ,1'_'" ," I,;"IL,","<"_'";"'''~'' ""~'"""""'t:n>Jn,' "1'1 -"'-~~:mIl1TRtr':WIl",,:' M1f. W': "lYf':~'m'I'-':F'ii''ffl::''\ Ii-'! I RECORD OF PROCEEDINGS "'~m"__""m"'.""__"_".'_'mMinutesmoi"""_"",,"m""mm'm'._'.m"~""'."m'~~~'mmm_~,_"D,ubJin"City,CounciL""-@'-"".'m~""""'m"m_mmmmm".P,.age,13",_"m,Me,e,ting.""""m_" UAYTON LEGAL BLANK. INC.. FORM NO. 10148 Held May 21,2001 , (YEAR) Mr. Ciarochi noted that this section of roadway is not in the City. Franklin County is requesting left turn lanes for all intersections of the roads in the area of the Ballentrae subdivision. Mrs. Boring inquired if this was a condition appended by Planning and Zoning Commission. -. Mr. Ciarochi affirmed that it was. Mayor Kranstuber moved to dispense with the public hearing and treat this as emergency legislation. 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; Mrs. Boring, yes; Mayor Kranstuber, yes. Vote on the Ordinance - Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 31-01 - A Resolution Designating the City Manager as the City's Official Representative and Authorizing the City to File a Grant Application with the Ohio Department of Natural Resources NatureWorks Program. Mr. Adamek introduced the resolution. Mr. Hansley stated that a detailed memo was provided with the meeting materials. Staff is applying for grant funds to be used for one of the City's programs. Vote on the Resolution - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Resolution 32-01 - A Resolution Providing a Statement of Services for a Proposed Annexation of 28.4+/- Acres from Washington Township to the City of Dublin. - (Robert E. Albright, 600 S. High Street, Columbus, OH 43215, Agent for Petitioners Dorothy Thomas, etal.) Mr. Adamek introduced the resolution. Mr. McCash asked if the City could provide water and sewer to this location. Mr. Hansley stated that it is within the service area. To meet their timeframe, however, the developer would be obligated to extend utilities from their current terminus. Mrs. Boring inquired about the school district for this tract. Mr. Hansley stated that it lies in Hilliard School District. Mrs. Boring inquired about any development plan for this area. Mr. Hansley stated that, although there is a railroad track close to the area, it is assumed that a residential development is planned. Mr. McCash inquired ifthis were a balloon annexation in response to the recently passed annexation bill. Mr. Hansley responded that the County Commissioners could find that to be the case. Mr. Smith stated there will likely be many annexations filed in the next 60 to 90 days because of the State bill. Mayor Kranstuber stated that it would be in the City's best interest to annex the area now versus in two years. Vote on the Resolution: Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. McCash, yes. Resolution 33-01 - A Resolution Appointing Members to Boards and Commissions ".--.. of the City of Dublin. Mr. Adamek introduced the resolution. Mr. Peterson stated that in response to the City's desire to bring its boards and commissions in line with the representation categories designated by the statutes that created them, Ms. McCurdy has agreed to resign from the Architectural Review Board (A.R.B.) and to accept an appointment to the Board of Zoning Appeals. Tom Holton will be appointed to Ms. McCurdy's unexpired term on A.R.B. as the designee of the Dublin Historical Society. Vote on the Resolution: Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Adamek, yes. Council Round Table/Committee Reports Mr. Peterson reported: i ! I I' ,i11 H'lbhl it .'., .. ... ,." '-""'''"',.,,,, ;,"-;--_"''''''''''''''''';'''O1~_'''''O:''':'''' ',"" ," '''''1'''''FIRIF''W1l'~';'mhll'-l' UF:-~;1H'''''I,;"~AJlIh,, U:-!..' I RECORD OF PROCEEDINGS """"m~,~w"""""'wwwwmm""_"'mwmm,~","Minlltes""oi"""w"",W'-'""--"'~"_"mw"w"_"'m""~~,m""~mw,_~w"'__mD"uhlin,,,Ci~"CounciL_wm",ww",wm"mmw_w'_'mw'~"_"mw_",,,J~.agew,,L4""w"w",Meetingw,w",mw,"w_,W DAYTON LEGAL BLANK. INC.. FOHM NO. 10148 Held May 21,2001 , (YEAR) 1. Receipt of a fax and phone call from a resident on Innovation Drive regarding a 22- foot trailer parked in the Heather Glen subdivision. The complaint indicates that an effort has been made for over a year to have the trailer moved. He visited the area over the weekend, and was unable to find a trailer parked on the street. As the correspondence was also forwarded to Ms. Crandall, he inquired if staff ,.-., had investigated the complaint. Mr. Adamek stated that he also visited the site, and discovered a very large trailer parked in a residential driveway and extending to the sidewalk. An electric line is being run to the trailer. He stated that the residence in question is on the west side of Wilcox Road near the terminus of Innovation Drive. Mr. Hansley stated that staff will investigate the complaint. 2. Noted that the landscaping on the new bridge is unsightly. He inquired ifit is the developer or contractor's responsibility. He also asked if the landscaping along S.R. 161, in the area ofthe Embassy Suites, is the City's responsibility. With the Memorial Tournament approaching, it should be cleaned up. Mr. Hansley stated that it is the City's responsibility, but is contracted out. Because of the recent rain, the contractor is behind in their trimming schedule. Due tothe Memorial Tournament and the IG Conference approaching, he and Mr. McDaniel will have this addressed immediately. Mr. McDaniel stated that Mr. Hahn has contacted the contractor and requested a concerted effort by the end of the week to make improvements in these areas. Additionally, staff is prepared to shift resources to the main thoroughfares, if necessary, to have the area ready for the Tournament. Mr. Peterson inquired if the payment to the contractor is adjusted in situations where the - City performs the work. Mr. McDaniel stated that there is a contract provision addressing that. Mr. Reiner: 1. Noted that there is another Community Development Committee meeting on the zoning code on Thursday evening, May 24. 2. Thanked Chief Geis for an impressive Open House at the Justice Center, which was held recently. The information offered about the services was very interesting and the police officers represented the City well. 3. Inquired about the Kiwanis frog art to be installed in Old Dublin at one ofthe two sites suggested by Mr. Hahn. Council consensus was that the preferred site is at the Town Center. Mrs. Boring stated that she also enjoyed the Open House at the Justice Center, but would suggest that next year it be scheduled on a weekend other than Mother's Day weekend. Ms. Chinnici-Zuercher: 1. Noted that Council received a letter from Dave Kendall of Ameritech regarding Ameritech's investment in Dublin. Ameritech has been making an effort to communicate to the public about their investments in the area, due to the recent threat of a very large fine. She stated that she serves on the Consumer Advisory Council for Ameritech and would be glad to forward any concerns of Council to -. that body. f 2. Thanked Mr. McDaniel for the minutes he provided for the meeting he attended of the Shannon Village Civic Association. 3. Noted that Council has received a certificate of appreciation from the Russian architects who recently visited Dublin as guests ofthe Dublin AM Rotary. Mr. McCash referred to the memo from the City Manager's office providing a report on the deer management program. His understanding was that the City was testing the fence, but how could the test be valid if deer repellant were also sprayed, as indicated in the memo? David Motz, Ohio Wildlife Center stated that the deer repellant was applied only in the i ' I I I 'i"" 1"1 U,"" ''''''''''''''''''''",'''" ,,,.,~,t:;tlIJI I i ".f .. i" RECORD OF PROCEEDINGS ""-'"-'~"""-'""-,,~""'"-,-"~"'"_'m"_~~utes","oim'~'____-"~-'"'----~""'-'-'"""'"-"-"---"~~"-,--,--~"mDuhlin,"City:,,~nciL~_"m""""""_"'__"'_"_"_,","_"~","~"____","p.agem"15__"_"__,Me~ting__'_""'___,m UAYTON LEGAL BLANK. INC.. fORM NO. 10148 Held May 21,2001 , (YEAR) , front yard where there was no physical barrier to the deer. It was not applied in the back yard. They use an integrated approach, but could discontinue the repellant if that is Council's desire. The back yard has not sustained any damage; the front yard has sustained minimal damage. The repellant worked in this case, although in some applications, the repellant alone is not effective. - Mayor Kranstuber asked if a decision is needed tonight regarding continuance of this program. Mr. Hansley responded that the test site in Muirfield has yet to be completed due to weather delays. A decision would be requested after that pilot project is completed. Mr. Adamek: 1. Reminded Council of the pre-budget review meeting tomorrow, May 22, at 6:30 p.m. 2. Asked if anyone plans to attend the BMW Financial Services ceremony. He noted that the event was planned during the week of the Tournament because of the desire to entertain some individuals in town for the Tournament. Mrs. Boring and Mr. Reiner plan to attend. 3. Inquired who plans to attend the Thursday evening dinner that Council will host for the Dublin School Board and Dublin Chamber of Commerce. All Council members plan to attend except Mrs. Boring and Mr. Peterson. 4. Inquired who plans to attend the Friday evening dinner that Council will host in recognition of outgoing board and commission members. All Council members plan to attend, although Mr. Adamek has an engagement that will require him to leave early. Council discussed and designated recognition responsibility for the dinner program. - Council requested that Mr. McDaniel provide dates of service of the honorees to Council before the dinner. 5. Noted that the final Community Development Committee zoning code review meeting is scheduled for Monday, June 4. 6. Noted that the Public Arts project unveiling is scheduled for Thursday, June 7 at Darree Fields. Mr. Ciarochi noted that there is a memo in Council's meeting materials indicating that staff intends to bring legislation to Council regarding the alignment for the extension of Tuttle Crossing to the west at either the June 11 or 25th Council meeting. Mayor Kranstuber: 1. Referred to the "Accent" article in the May 20 edition of The Columbus Dispatch featuring former Council Member, A.C. Strip. He suggested that, in accordance with Council's policy to encourage continued involvement of former Council members, the Clerk's office have the article matted and framed for presentation to Mr. Strip at a future council meeting. Mrs. Boring inquired about the memo in Council packets regarding the curbcut on Muirfield Drive. Mr. Reiner stated that the citizen group attended a recent Muirfield Association meeting, seeking approval or a recommendation from the Association for a curbcut. When they ~ did not receive approval, they indicated their intent to attend tonight's City Council meeting. Mr. Hansley stated that his understanding is that the group attempted to contact him while he was out oftown, seeking permission to address Council at tonight's meeting. Mr. Reiner stated that the group was informed that as part of the platted deed, there is never to be a curb cut in that area. Mr. Hansley clarified that the request is for a median curbcut at the location of the golf course maintenance building. 2. Inquired about the May 21 st memo from Mr. Price regarding subdivision deed restrictions. Mr. Smith stated this is an effort to set up a system to help homeowner associations , ." r I ! f '1' It'I'1!t /,"',"'" G'll el" ."" I l .,. .: . , . '~.. """"',,'" <""'N.....w""""':c.I:..'"'!lII<!..~..n'.1 , RECORD OF PROCEEDINGS '~"~~"~"~"'W"-~~"",~"~,_,wMinutes",Qf"",,~,~,,"'W"""""""'-"~""'~""',~"~w'm,m~,w""m,,'m,~"",~,ubliu-Cit;)LWullCit~"~'M"m"'",""'_~_",,~,,-,-~"""Pzge-16"""_,,M~elingm""'m"~,'~_, I DAYTON LEGAL BLANK INC.. fORM NO. 10148 Held May 21,2001 , (YEAR) enforce their deed restrictions without the City becoming a party to them. The system would be implemented in such a way that all associations would receive faxed notices from the Building Division. Ifthere were an item the homeowner association would like to challenge, they would have the opportunity to do so before construction occurs. - 3. Referred to the memo from the Franklin County Bicentennial Commission and inquired what level of involvement the City wants in the planning of a bicentennial event in 2003. Following brief discussion, Mayor Kranstuber moved that the City participate in the Franklin County Bicentennial Commission at a minimal level with no financial or staff resources donated to the project. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Adamek, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Mayor Kranstuber moved to adjourn to executive session for discussion ofland acquisition matters. Mr. Adamek seconded the motion. V ote on the motion - Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. Mayor Kranstuber announced that the meeting would not be reconvened following the executive ses . n. The eti g ~utive session at 10:15 p.m. - M or - Presiding Officer fP!:ii,) 11 VSt ah Ac g Clerk of Council ~ .