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HomeMy WebLinkAbout03/20/2000 I..,: 1 1,,'>>-- RECORD OF PROCEEDINGS 'H"Hm.".^~_""~~~,mm,"~"_"'~""_m~"MinutelL.oL^"m,,,,m"m~""""~"~'m~_""~'''",'m"~"''_''~''"m~''~''''~''''''~''",""''''''''m''''_''~",'~m"~"~"~""'~"~"~"~"_'~"~"_",_Q_~~",~mH",_"~'",,"",","_'_~Q~'~~,,,_"_, .Meeting Dublin City Council Meeting Page 1 m_'" -""~~" , . ,'""-,-"",,,, DAYTON LEGAL BLANK INC. FORM NO. 10148 Held M ~r~n?O ?OOO , , (YEAR) Mayor Kranstuber called the Dublin City Council meeting of March 20,2000 to order at 7:00 p.m. Mr. Adamek led the Pledge of Allegiance. .~'. Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mr. McCash, "'.-- Mr. Peterson, and Mr. Reiner. Mrs. Boring and Ms. Chinnici-Zuercher were absent (excused). Staff members present were: Mr. Hansley, Ms. Grigsby, Mr. Smith, Mr. Harding, Mr. Talentino, Mr. Hahn, Ms. Crandall, Mr. Stevens, Ms. Edwards and Ms. Heal. Approval of Minutes of March 6. 2000 Mayor Kranstuber moved approval of the minutes of the March 6,2000 Council meeting. Mr. Peterson seconded the motion. V ote on the motion - Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes. Correspondence The Clerk reported that there is no correspondence requiring Council action. Citizen Comments Wallace Maurer. 7451 Dublin Road stated that at the last Council meeting, he made a statement related to the golf course property in regard to the conflict between urban development and preservation of rural areas. Based upon Mr. Peterson's and Mr. .....-- Hansley's responses, he believes that members of Council take this issue very seriously. He plans to make additional public comment at the April 3rd Council meeting regarding ~- the golf course. Gayle Reynolds. 7079 Cavalry Court stated that she lives in the neighborhood near Mary Kelley's restaurant and is present to express concerns about the lack of enforcement of zoning codes for the restaurant and surrounding shopping center. Mary Kelley'swas allowed to put up a tent on the patio for a St. Patrick's Day event, even though the zoning code does not permit this. The City Manager's office overruled the zoning code enforcement officer and allowed this tent to remain in place. The restaurant and shopping center are not in compliance with many of the zoning requirements, including landscaping, screening of me chanica Is, and use ofthe patio. Special events should not be allowed to override the zoning restrictions imposed by Planning & Zoning Commission. She is asking that Council eliminate the conflicts within the administration of the zoning code and take action to support and enforce the code to protect the residents. Anita Cusumano. 7081 Cavalry Court noted her concern with the fact that Mary Kelley's temporary occupancy permit expired months ago, yet they have been allowed to continue operations. Her property was damaged during the construction of Mary Kelley's, and it has not been repaired to date. If a loophole in the law allows the restaurant to have a tent for St. Patrick's Day, they may have tents on site for other events, i.e., the Memorial ----- Tournament, Fourth of July, etc. Mary Kelley's is located in a residential area, not in a business district like Old Dublin. By being classified as a special event, they can also ignore the provisions of the noise ordinance. It is time to communicate to Mary Kelley's that they must abide by the Dublin Code. Farid Masri. 7061 Cavalry Court stated that he was dismayed that Mary Kelley's was given a special event permit for a tent. lssuing this permit translates as the City's sanctioning of the event. This restaurant continues to defy zoning conditions and is a nuisance to the neighbors with excess noise and odor. Their occupancy permit expired last May, and the second extension of six months would have expired in December. How can they still be operating? Having outdoor service on the patio is in direct violation of deed restrictions. The civic association was told that the deed restrictions are their responsibility to enforce, and that is what the association was trying to do on Friday. He called the City Manager's office and was told that the Manager has the authority to I i ! I' Ii 1;1 :1.1,1' 'liHIi i'l'~H ',I it ','1 Hi .i ii; iF!! F ".'" RECORD OF PROCEEDINGS W"WW~~",","."H"'W""WH~~""~m"w"wMinuleswoL"HQw""~w~"m_m""","""""~H""m~w""~mDub Hn~erty"CounclfMeetTng~Qm~"'~--"~"~~~"'~~-~~1)age" 2 ~'~~_"~"",~Q~~"~","",Me"etingw"mm~'"~~H Held March 20, 2000 , (YEAR) override the deed restrictions under home rule. This seems to constitute City sanctioned harassment of the neighbors. When there is a conflict between the deed restrictions in a residential neighborhood and the City ordinance, a special event permit should be -- obtained not only from the City but also from the neighboring civic association. The entire shopping center has been a nuisance to neighbors and has degraded their quality of life and lowered the value oftheir homes. Mayor Kranstuber asked staff to respond regarding the temporary occupancy permit and other outstanding issues. Ms. Clarke confirmed that there are outstanding zoning issues such as screening of mechanical units, and there are ongoing problems with maintenance of the landscaping, trash control and debris on the site. The regular code enforcement issues are communicated both in writing and during site visits by Greg Jones. ln response to Mayor Kranstuber, Ms. Clarke stated that the applicant has not met City of Dublin screening codes. The issue is finding an acceptable type of screening which is affordable by the applicant. Mayor Kranstuber requested that staff provide a complete list of outstanding issues, the status of those items, along with copies of correspondence sent to them. He also asked that staff copy the information to the three citizens who addressed Council tonight. He then asked that Mr. McCash comment regarding the St. Patrick's Day tent permit. Mr. McCash stated that the issue with outdoor seating is not a deed restriction, but rather ~ part ofthe PUD text and the City's responsibility to enforce. The PUD text indicates that outdoor service facilities are not permitted in the PUD itself. The applicant acknowledged that outdoor service is a conditional use during their Planning Commission review. Later, the applicant took the position that they do not need approval from the City for an outdoor service facility. Ms. Clarke stated the zoning text prohibits conditional uses, but the issue is whether outdoor seating is a conditional use. The Planning staff always believed that it was a conditional use, but a legal opinion from the City's law department indicates that it is not. Mr. McCash stated that the owner of the shopping center acknowledged that it was a conditional use when he was before the Planning Commission. He is perturbed that this tent was put up without obtaining a permit, and that the City, at some point, provided a permit to them. A special event permit does exempt them from provisions of the noise ordinance. He would suggest that the City review special event permits - where and how they are issued, whether they should be exempt from the noise ordinance, and whether they should be allowed on property with zoning violations or in cases where temporary occupancy permits have expired. These properties should not be able to obtain special event permits. Mr. Reiner asked the Law Director why outdoor seating would not be classified as a ,-, conditional use. , Mr. Smith responded that the owners of Mary Kelley's did agree publicly there would be no outdoor sales unless they came back and obtained a conditional use permit. His understanding is that the patio has not been used since Mary Kelley's opened. He will provide a memo to Council about this matter for the next Council meeting. There is an existing ordinance that would permit the issuance of special permits for special events. Mr. McCash suggested that Council direct staff that no one be issued a special permit if they have outstanding zoning violations. Mr. Smith pointed out that there is a difference between zoning code violations and outstanding issues. He does not recall that they have been before Mayor's Court on these issues. i i , , ;O'''~'t~r1''"1hol:m,;-~~f''llj:11ti"$U;JljlU'.:II'I;;!tti1lU!f-'Jf'*,:'t!!-I~H-ffiIHi,' .llltiill:,;-\U:~i.;ILk'" .:1 RECORD OF PROCEEDINGS ~"HH~"~_."_"m'_"~'''~'''~"''''''''''''''H""Minu.tes.",.of""~"""""",,,"~"''''''''''''~''"~''~~''~''H''"'~''"''''''H"~'~~~",~,~~_"~~,~"~~~~",,~"~~H ~ "~~ Me..e!ing Dublin City Council Meeting~ ~"_"~Q"mff_'''''''~"'~"PageJ"-''~''''H"''_"~"~''-' ""m~_,~"" DAY10N LEGAL BLANK INC. FORM NO. 10148 Held March 20, 2000 , (YEAR) Mr. Hansley commented that staff received informal direction from a couple of members of Council on Friday to permit the tent at Mary Kelley's, in view of the fact that two ,..-.. other local, Old Dublin establishments were allowed to have tents for the St. Patrick's Day events. Through the issuance of a special permit, the City was able to restrict the hours of use and noise levels. Mayor Kranstuber stated that this matter should have been handled at the staff level. Council members can provide feedback to staff informally, but Council gives direction by majority vote at meetings. Discussion continued. Mr. Smith stated that the Manager often has to make judgment calls in particular situations. ln response to Mr. Peterson, Mr. Hansley stated that residents who have complaints about violation of the noise ordinance should alert the Police so that there is a record of the report. lftrash is being picked up outside ofthe permitted hours, the residents should note the name of the company and contact staff about this violation. Staff does not always witness these violations, and it is helpful ifthe residents report these to Police. Mr. Masri testified that Marco's Pizza continues to operate a delivery business from behind the building, and that area was not striped for parking in the final development plans. There is a condition that the back area should not be used between 7 p.m. and 7 ,............., a.m., but employees of Mary Kelley's use that for parking during those hours. The Police have told the neighbors that these are zoning code issues. ln response to Mayor Kranstuber, Ms. Clarke stated that the back parking lot is not signed to prohibit use after 7 p.m. Staff has been unable to secure the cooperation on this from the property owner. Mayor Kranstuber asked that the entire center be considered in the staff report, including Marco's Pizza. Mr. McCash stated that if staff can handle these issues administratively, it would be preferable, as amending ordinances is a lengthy process. He asked that Council be copied on all correspondence. Jane Hartman. 6445 Woerner-Temple Road noted that she was told by The Edwards Companies that her property has been recommended as City parkland in the proposal for a golf course community. She has lived in this area for 35 years and has been an active community member in churches and civic groups. Her house is located on a three-acre tract surrounded by woods. She does not want to move to permit development of a park on her land. ln the late 80's, residents of her area worked for two years on an unsuccessful effort to merge with Dublin. She questions Dublin's need for these private - properties. The Edwards Companies worked hard behind the scenes on the annexation effort for the golf course. She did not sign the annexation petition, and neither did former Washington Township Trustee Kurt Proegler. She did not fight the annexation, as she knows that it is hard to stop progress. Will the developers be looking out for the best interests ofthe children in the community long after the residents are forced to leave their properties? Mr. McCash asked ifthe City of Dublin has contacted her regarding an eminent domain taking? Ms. Hartman responded that she has seen the plans. She believes all of this transpired behind closed doors and has been in process since last summer. The Edwards Companies have dealt with all ofthe property owners except for those whose land will be taken for parkland. Edwards has indicated to them that the City of Dublin will deal with the property owners in the parkland area. I, iii Hi; iI,iki!i ". ;L1!l!iilll.IJ,LiH!iil"" '" ".,,,, 'I i .i' tii', ]i Ii:;, "."~!'"V'~""~"'!~"'''tIV)tm<<1~l!ll!rlt':>;I;l'H~l!I'.'''~'t,t,,,.. )fMrtlfll"K!lt-~,lt;l1~'j~ m" 1':-.' 'l~t"i'll', .'):; :'('"I.':~"~'.'l RECORD OF PROCEEDINGS ",,,",~"".""",m~mm""mH"~",~","mm""m~m_m~"Mi1lll1es._Qf"""_","",",~Hm~mm"",~",H"m""m",m","H"",~~~"~",~~m",~m~m",""H~",mmm~"m""H~m~"~"~~~~~",~"~_mm"~",~Q~"~"H~",~mQ "m ~eting Dublin City Council Meeting ~",""m~"m"Q'~"~"Page 4"~~","~",~m~",~m~",~"",_.", "'"' ~mH'~m~~H". UAYTON LEGAL BLANK INC. FORM NO. 10148 Held M;m~n?O ?OOO , , (YEAR) Mr. McCash asked if she is opposed to a park being built around her house. Ms. Hartman stated that the plans indicate that the park will be built where her house is ,...--, presently located, not around it. Mayor Kranstuber commented that this proposal has not yet been reviewed by Planning & Zoning Commission. The rezoning ordinance will be referred to them later tonight. The Commission will hold public hearings and make recommendation to Council. This has not been done behind closed doors. Mr. Hansley clarified that the City of Dublin did not initiate the annexation - over 51 percent of the landowners signed the annexation petition and City Council accepted this annexation. The City Council had previously directed staff to draft an overlay district to improve the quality of development in the southwest. In response to this direction, the Edwards Companies brought forward this proposal. Mr. McCash clarified that what he has heard from Ms. Hartman tonight is that: (1) she doesn't want the City to take her land by eminent domain; and (2) she does not want to sell her property to the City. He assured her he will vote in the future against any eminent domain taking for her property as well as purchase of her property. Mr. Smith stated that eminent domain proceedings require two separate actions by Council. After the road has been designed, Ms. Hartman will be contacted by legal staff in regard to any purchase or taking of her property. r-"'" Mayor Kranstuber explained that the process for this development consists of annexation, rezoning, Planning Commission review and City Council review. Council's goal is to have planned, high quality development in the southwest and for this reason, Edwards brought forward such a proposal Ms. Hartman thanked Council members for listening to her concerns. She would like to be notified of all future hearing dates. Blanche Norris. 6355 Woerner-Temple Road stated she was previously annexed into Dublin, and a portion of her land was taken for a road widening. Now, the City of Dublin wants to take her property for parkland. They have lived in this area for years and should not be forced to leave. The City previously threatened to take her to court to obtain land for the roadway, but she settled for $8,000. Mayor Kranstuber stated that he assumes then that her preference is that any park be built around her property. Ms. Norris responded that unless she is fairly compensated, that would be her preference. Taking the property by eminent domain, however, does not result in fair compensation. Kathy Vannatta. Heather Glen condominiums. 5948 Glenvillage Drive stated that to date, she has not received a written response regarding the list of 52 building inspection items ~ she brought to Council. She has had recent flooding in her unit because of drainage issues. Rockford Homes has indicated they will not make the repairs as the City approved the drainage plans. Her unit has flooded and insurance will not cover it. It required four days for Rockford to replace her sump pump. She does not know where to go at this point for assistance. Discussion followed about funding of building inspectors and administrative costs. Mr. Hansley confirmed that the building inspection fees collected cover all of the costs associated with inspection, including administrative costs. Mr. McCash stated that he spoke with Mr. Hale last week. Mr. Hale has done inspections, and is in the process of compiling a list for Ms. Vannatta and Rockford Homes. He understands that the flooding in the basement was the result of a sump pump ;, '!1 "iWnT'l:f'"",,,-Il'tp,n~"W'''~''<'lI'Cftll''llnln'lilt1I:'H:I-;',''H''1'f11II' J:','lr':'.l" liT:: ,ml-IP":IIIl'. ':'l1I'P '.liit:!lt..::,;-tI.-'!:'... ;"..,:':1..1 RECORD OF PROCEEDINGS '''''"H~~~~MM''''~"'''''''~~""''""~~M'~''''M",~Minu.te's~.ofQ''~"~M~'M""~M"~M'"""''''"~''"~~'~"''"~"~.~'''~'~~''~M'"'''M'''"~'~~~'M"'Q~~"MHM~"~~~"~'MM"~~~'_~"~Q~~.~M~~ Meeting Dublin City Council Meeting "' "~"'"~~M"Page'5'~","~"",'_~~~'",H~"MM' , . "~""~""~~Hm DAYTON LEGAL BLANK INC FORM NO. 10148 Held M:m~h ?O, ?OOO , (YEAR) failure. Mayor Kranstuber asked that after the letter is sent out, if there are remaining issues, Ms. - Vannatta should meet with an ad hoc committee of Council comprised ofMr. McCash and Mr. Peterson to discuss them Mr. Hansley stated that many of the issues may be a civil matter between Ms. Vannatta and Rockford Homes. Staff Comments Mr. Hansley reported that he and Chief Geis will attend a conference out of town from Wednesday through Sunday for Police Reaccreditation. Ms. Grigsby will serve as the Acting City Manager during that time. Mr. Kindra commented that he has distributed to Council tonight the schedule for the partial closing of the interchange of Avery/ Muirfield and US 33 beginning on Tuesday, March 28. Ms. Edwards: 1. Announced that agreements are being finalized with the following groups for the lndependence Day entertainment: headline act of Mary Wilson with Fabian as the emcee; and bands of The Miracles, The Drifters, The Coasters, and Jay and Techniques. Table sales go on sale to Dublin residents on Tuesday, May 9 at 8 a.m. at the Rec Center. 2. Thanked everyone for their participation in the St. Patrick's Day celebration and - parade, including Council, the Office ofthe City Manager, Grounds and Facilities, Streets and Utilities, and the Police. Thanks also to community partners, the Wyndham Hotel, the Chamber and Washington Township. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 75-98(Amended) - An Ordinance Amending Portions of the Dublin Codified Ordinances Regulating the Location and Construction of Fences. Mr. McCash noted that he and Mr. Adamek initiated this legislation, and Planning Commission's review has now been completed. They are requesting Council's support of these amendments which will standardize the fencing requirements in the City. Vote on the Ordinance - Mr. Reiner, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Ordinance 41-00(Amended) - An Ordinance Amending Certain Sections of Ordinance 98-96 ("Compensation Plan") Regarding Wages/Salaries for Non-Union Personnel. Mr. Harding stated that a question was raised at the last meeting about the financial impact of the provision regarding seventh consecutive day double-time pay. After review of some payroll records, they estimate that the impact will be minimal at approximately - $3,400. There was another question in regard to the tuition reimbursement provision, involving the possibility of an adverse reference. Mr. Wiseman contacted the Council member in regard to this concern. Vote on the Ordinance - Mr. Adamek, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. Ordinance 42-00 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Village of Shawnee Hills Providing the Village with Access to the City's Sewer System, and Declaring an Emergency. Mr. Hansley stated that this agreement provides that Shawnee Hills will pay a one-time fee of $115,000 in lieu of sewer tap fees for their residents. Columbus has agreed to build and maintain odor control facilities for the West Branch sewer in conjunction with the execution ofthis agreement. For this reason, staff is recommending adoption ofthe I I ! ! !.! d . I :I Iii!:' ..... Iil!tHiiiLIH.'1 i ,Hili-i..; .i liii ,., , n;>~ .t":;rr.-'.lc'l"'tr'~;?'~P~;'~i"~Fl1:1i1j;H~1I1 ". :-I!'" jf1.:IIIlIHH~:j,kHH;, ;ffl!N"I~.i .IIILn'l ~- 'II '~'d:' IH RECORD OF PROCEEDINGS ","'~'"._""'"m_''''',m",H,_~"~"_",~_"_~.,Minu.te's",_.of,,,,",",,,,_m",'H"'"_"Mm_","~'''HH_",'~",~~~",~__''__~~~~Q-'^-,"_~"'~~"__ Q",Q",~",~Q"~ _ Meeting Dublin City Council Meeting~ - -Q~< ~"-Page"(r~",M~~"~~M~"~_'~"-" '" M"",""M",'~~ DAYTON LEGAL BLANK INC. FORM NO. 10148 Held MJm~h ?O, ?OOO , (YEAR) ordinance. This is the best deal which staff could negotiate within the timeframes ofthe Shawnee Hills grant application for federal funding for their sewer system. ,........ Mr. Reiner stated that he proposes that this agreement be modified or that the ordinance be tabled. Several Dublin residents have contacted him regarding this ordinance, and his suggestion is that a fee be assessed upon the Shawnee Hills properties at the time of any future sale. This would address the issue that the properties will increase in value with the availability of sewers. Another option would be to consider a merger with Shawnee Hills, in view of the fact that Dublin Schools already educate the children in the area and that this would provide more ability to exercise zoning controls. Mr. Hansley stated that those issues can be addressed by Shawnee Hills Mayor Jerry O'Shaughnessy who is present tonight. A merger requires approval of both entities, and he is not certain that Shawnee Hills residents would support this. Mr. Reiner noted that sewer service will add $5,000 to $10,000 of value onto each home in Shawnee Hills. It is important that any money that is expended for this be recouped. Todd Rodgers. Chester. Wilcox and Saxbe. indicated that he has been retained by the Village of Shawnee Hills as special counsel in conducting negotiations for this contract. Also present tonight are Mayor Jerry O'Shaughnessy and President of Council Dora Orwig. With respect to the merger issue, there is no support among the residents of the Village of Shawnee Hills to merge with Dublin based upon their observations at Council meetings and interaction with residents. They are present tonight due to serious health concerns related to the number of failing septic systems within the village. They are ,........ seeking federal funding from the Rural Development Authority, and a condition ofthe funding would be that the waste collected would have to be handled by the Columbus system. This requires Dublin's approval as Dublin lies between Shawnee Hills and Columbus in the system. He questions the administration of the proposal Mr. Reiner has made with regard to assessing the property at the time of sale. This is not a development issue, this is instead a health and safety issue which will protect the watershed and water supply for the City of Columbus and the entire region. The agreement is based upon a potential future flow of 120,000 gallons per day as estimated by Dublin's sanitary engineers. The Village has agreed that exceeding this flow will require additional payment. The Columbus/Dublin water and sewer agreement does include growth controls. Shawnee Hills' long-term plan is for a rural, residential community. Shawnee Hills appreciates Dublin City Council's favorable consideration ofthis ordinance. Ms. Orwig stated that if centralized sewers are available to them, it will address the health and safety issues and will generate an increase in property value. Their zoning code is stringent and they have completed their first long-range plan. Their intention is to maintain a small, residential community. Their residents purchase services from Dublin. They would appreciate Council's support. Mr. Peterson asked why there would be opposition to an assessment on the property at the time of sale. The sewer would actually increase the property value, and if that ,........, property were sold, the funds would then be available. Ms. Orwig stated that after several meetings, it was determined that the best arrangement would be a one-time, up front fee. The Village consists of only one square mile, with 36 businesses plus houses. Discussion continued about the type of future development which could occur in Shawnee Hills. Mr. Peterson asked if the odor control facilities which will be provided in conjunction with the agreement will address the odor problem in Old Dublin. He would suggest that a letter be sent to those Old Dublin residents to let them know that Dublin is trying to address their situation with this agreement. ,.., I Tl\'II'I","r';ll'-"'Hi('..1fJlti'1lifjllt-.Ilj"~#t_:H:'j'i'Hltjm!f~;i""!iii'itiii'f'lia'[;:J 'lfli,:liIf"iJ::~it":Il:;! RECORD OF PROCEEDINGS H"~~"W~"~"~""~""M""M",""",~~"~"Minule.sH"QL"~~,",."",,""U"~""M"H"-"DubHnTS:tyT~ounc[rMeeting~-"~H~'"~~"'~"H""'""M~"~","'QPage7~~~~"--~Q~~H"."MeelingH~~H""'""'"M DAYTON LEGAL BLANK INC. FORM NO. 10148 Held M ~rr,h /0 ?OOO , , (YEAR) Mr. Hansley stated that because of the odor control portion, staff is recommending the ordinance be adopted by emergency. It will allow Shawnee Hills to move ahead with their funding application, and will allow Dublin to enter into an agreement with -- Columbus to address the odor control problem. Mr. McCash commented that since Columbus and Shawnee Hills have their own completely separate contract, what is the relevancy of Dublin's approval of this agreement to odor control? He believes that the odor problem is the result of a design defect in their system, and it sounds as if Columbus is holding Dublin "hostage" in order to fix a Columbus problem. Mr. Hansley explained that Dublin has actually linked the two contracts in order to obtain resolution to the odor control problem. The water and sewer contract with Columbus allows them to pass through Dublin's portion to service another area. The conflict in this particular case was the fact that Dublin had to pay $20 million for the West Branch sewer based on the premise that the system was never to be extended to the north. The negotiation process with both of these parties, however, has been positive. The goal has been to resolve these situations without litigation. The agreement is good for Dublin, for Columbus and for Shawnee Hills. Columbus agreed by letter that when this deal is approved, they will take full responsibility for the odor control. The costs of building and maintaining an odor system is estimated in excess of $2 million. Columbus has also agreed to satisfy the outstanding checklist of items from the West Branch. Mr. McCash asked if there will be a surcharge on Shawnee Hills sewer bills similar to those which Dublin residents pay, funds from which would go to the City of Dublin. ".-... Mr. Hansley responded that the lump sum payment to Dublin is in lieu of any additional surcharge. Shawnee Hills residents will be paying a non-resident fee to the City of Columbus. Discussion followed. Mr. McCash asked if the provision about Columbus not providing sewer service to any area north of Dublin is in a separate contract. Mr. Hansley responded that it is not part of the contract, but was contained in correspondence. The reason Dublin was required to pay all of that cost was because Dublin was at the end of the line - not in the middle of a regional system. Mr. Hansley summarized that this was the best deal Dublin officials were able to negotiate with Shawnee Hills. Mr. Reiner again noted that the costs of providing sewer service to Shawnee Hills should be recouped at the time of the property sale. He cannot support this legislation as currently drafted. He would suggest a $5,000 assessment at time of sale. Ms. Grigsby suggested that a lien could be placed on the property for the cost of the tap- in fee. This lien would be satisfied when the property was sold. ,- Mr. Adamek stated that the City has been dealing with Shawnee Hills in good faith for the better part of two years. Council directed staff to negotiate the best deal possible. Shawnee Hills is now under a deadline to obtain their federal funding, and it is time Dublin stepped up to the plate as good neighbors. The present deal is the one on the table, and the new administration of Shawnee Hills has assured Dublin of their long-term development plans. He urges Council to approve this legislation tonight. Mr. Hansley noted that staff had requested emergency action, but that may not be possible with only five members present tonight. Mayor Kranstuber asked the Clerk to call the roll on the ordinance as a non-emergency. 1 .1.'1'11 RECORD OF PROCEEDINGS r"""~"~'~N'""""N""~"~'~"""N.Minutes~oLH'N""N'NN""QNN'~H~N~H~N~N~N~~DubHn'cltyNCouncrrM"eetTng~N~"~~Q~"",~N~",~"~N",""'"PageS-~~",~-~~~""NMeetingNN""'N~N'~H"' DAYTON LEGAL BLANK INC. FORM NO, 10148 Held March ?O) ?OOO , (YEAR) Vote on the Ordinance - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, no; Mr. Reiner, no; Mayor Kranstuber, yes. --- Mr. Smith noted that four votes in favor are needed for Council to take action. Mr. Peterson suggested that this matter be tabled until the other Council members are present, allowing staff time to further investigate Mr. Reiner's suggestion. Mr. Hansley stated that the City of Dublin cannot revisit this matter without re-opening the negotiations with Shawnee Hills. Mayor Kranstuber stated that staff needs to take this back to Shawnee Hills to see what other deal can be worked out and then bring that back to Council. Mr. Smith noted that the legislation would have to be re-introduced at the next Council meeting and the process begun again. Ordinance 43-00(Amended) - An Ordinance Authorizing the Continued Employment of the City Manager. Vote on the Ordinance - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, abstain; Mayor Kranstuber, yes; Mr. Reiner, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 46-00 - An Ordinance to Accept the Lowest/Best Bid for the Marcy Lane Extension Project for the City of Dublin, and Declaring an Emergency. - Mayor Kranstuber introduced the ordinance and moved for passage by emergency. Mr. Reiner seconded the motion. Vote on the motion - Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes. Vote on the Ordinance - Mr. McCash, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. Ordinance 47-00 - An Ordinance Authorizing the City Manager to Enter into a New Contract with the Law Director. Mr. Peterson introduced the ordinance. There will be a second reading/public hearing at the April 3 Council meeting. Ordinance 48-00 - An Ordinance Authorizing the Purchase of a 1.64 Acre, More or Less, Tract of Land, from Willis A. Herdman, III, Elizabeth A. Herdman, Trustee of the Elizabeth A. Herdman Inter Vivos Trust, Donna M. Herdman, Trustee of the David and Donna Herdman Trust, and Robert S. Herdman and Dorothy I. Herdman, Trustees of the Robert S..Herdman Family Trust, Located West of Riverside Drive and South of 1-270, City of Dublin, County of Franklin, State of Ohio. Mayor Kranstuber introduced the ordinance. There will be a second reading/public hearing at the April 3 Council meeting. ..- Ordinance 49-00 - An Ordinance Providing for a Change in Zoning for 4.93 Acres Located on the Southeast Corner of West Dublin-Granville Road (SR 161) and Dublin Center Drive, From: PUD, Planned Unit Development and SO, Suburban Office District, To: PUD, Planned Development District. (Lexus/GriffithProperty- Case File No. 00-012Z) (Applicant: J. Thomas Mason, Esq., Vorys, Sater, Seymour and Pease LLP, 52 E. Gay Street, Columbus, OH 43215 for owner Donn W. Griffith, 3859 W. Dublin-Granville Road, Dublin, OH 43017) Mayor Kranstuber introduced the ordinance and moved referral to the Planning and Zoning Commission. Mr. Adamek seconded the motion. V ote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. I i:l,il-r-[ :1:( wIU;rLi"l$i.!j.iJii,tJd!lliiltiil!j!}!lilH!I!lHiMI-iil!bll!1t .Ii I, Ii lirI I! "ii"'''', .,ii,i "hii i, ''','' '" ",.I'J>j,.'n:'.~lJ;''''.f''''lfJ1HWlli~t!lH!H:J:l';!;1ltl.. ':--1"1 '.".llnltr1ll-..tn!:::l'~jtl'!' I1!1H;;'; .:m":'~1Y':jIY'.I'iiI:;i1H, RECORD OF PROCEEDINGS '"""H~~H"~"",""","",,"~~"",""~"~,Minutes,"DLH""~m"~,"~",,""~"H~H"",""m~~"m"~15ubTrn~cITy"CoiincInvleeting~~,"~"~~-~Q~"~""~m~Q"'""Page"9,""~~H__~_"Meetingm""","~"'~'~". UAYTON LEGAL BLANK INC. FORM NO.1 0148 Held March 20, 2000 , (YEAR) Ordinance 50-00 - An Ordinance Providing for a Change in Zoning for 664.80 Acres that Consolidates Multiple Parcels into an Irregularly Shaped Site that is Generally Bounded by Avery Road on the east, Shier-Rings Road on the north, ~ Cosgray Road on the west, and Rings Road on the south, From: R-1A and R-1B, Restricted Suburban Residential Districts (Washington Township zoning classifications), To: PLR, Planned Low Density Residential and PCD, Planned Commerce Districts (Dublin Golf Course Community - Case File No. 00-020Z) (Applicant: Multicon Home Builders, lnc., represented by Christopher T. Cline, Blaugrund, Herbert & Martin, 5455 Rings Road, Suite 500, Dublin, OH 43017) Mr. Adamek introduced the ordinance and moved referral to the Planning and Zoning Commission. Mr. Peterson seconded the motion. V ote on the motion - Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes. Ordinance 51-00 - An Ordinance Providing for a Change in Zoning for 25.8 Acres 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 (Wuertz Property - 4189 Tuttle Road - Case File No. 00-024Z) (Applicant: Charles Driscoll, Edwards land Company, 500 S. Front Street, Suite 770, Columbus,OH 43215, representing property owner National City Bank, Trustee of the Pauline Wuertz Trust, c/o Gary Moreland, 155 E. Broad Street, Columbus, OH 43215) Mayor Kranstuber introduced the legislation and moved referral to the Planning and Zoning Commission. Mr. Adamek seconded the motion. - V ote on the motion - Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes. Ordinance 52-00 - An Ordinance Repealing Ordinance 50-97 and Authorizing Revised Consent Legislation with the Ohio Department of Transportation to Increase ODOT's Financial Participation in the Rings Road Bridge Widening Over 1-270 Project. Mayor Kranstuber introduced the ordinance. Mr. Hansley stated this revised consent legislation provides that a higher level of funding by ODOT for the Rings Road bridge widening over 1-270. Staff is requesting adoption by emergency tonight to ensure receipt of these funds. Mayor Kranstuber moved for passage by emergency. Mr. Reiner seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes; Mr. Adamek, yes. Vote on the Ordinance - Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes. Ordinance 53-00 - An Ordinance Approving a Tax Credit and Economic Development Agreement with SubmitOrder.com and Authorizing, Confirming and Ratifying the Execution of the Agreement. ---. Mr. Adamek introduced the ordinance. There will be a second reading/public hearing at the April 3 Council meeting. Ordinance 54-00 - An Ordinance Providing for a Change in Zoning for 3.56 Acres Located on the Southeast Corner of West Bridge Street and Franklin Street, From: PUD, Planned Unit Development District and R-4, Suburban Residential District, to: PUD, Planned Unit Development District. (Dublin Community Church Plan - Old Dublin Town Center - Case File No. 99-131Z) (Applicant: Paul Phillips, RelMax Achievers, 6235-A Perimeter Drive, Dublin, OH 43017, representing Dublin Community Church - United Church of Christ, 36 Franklin Street, Dublin, OH 43017) Mayor Kranstuber introduced the legislation and moved to refer it to the Planning and Zoning Commission. Mr. Adamek seconded the motion. I i I; "H i >It,u,. I Wi!! IIUI1, "L IUI I .;i illi"I .Iilt , "',' ',~ ....-,. "-"i'1I'K'11jm',H'il!l'ntifiI1l:"'~"'~!"ltll~",~1--fm"'n I 'li-'jt>!lrnlH.~"!!:mil;jJill,~' ,. U!HH'Ji}'l:t, '113 RECORD OF PROCEEDINGS '",","~","~"~""Q~~'Hw_'''~'",~''"'''~",'~'''","",''cMiIUltesH"ofw"_"H"'HW.._......M~"~W"~.."H.."...."W~_.."'w......,""~"'""....~.._.."'w..~~~~..~_"'"_"~~_...H~~~~"'_..~.._""....~"..~~~"'~..H~~_~_"_,_ __ Me.e.tin~ Dublin City Council Meeting PagelO~ -",Q_..~"..". .._.._..w.._"~ DAYTON lEGAL BLANK INC. FOHMNO.l0148 Held M~rch '70, 2000 , (YEAR) Vote on the motion - Mayor Kranstuber, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes. ,..--.. INTRODUCTION & PUBLIC HEARING - RESOLUTIONS Resolution 19-00 - A Resolution Authorizing the Regulation of Traffic on Muirfield Drive and Other Roads in MuirfieldVillage and Waiving Certain Provisions ofthe Dublin Sign Code during the Annual Memorial Tournament. Mr. Adamek introduced the resolution. Mr. Hansley stated that staff recommends adoption as this legislation allows for Dublin to install temporary signage to assist with the flow of traffic during the Memorial Tournament. Vote on the Resolution - Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. Resolution 20-00 - A Resolution Appointing Members to the Various Boards and Commissions of the City of Dublin. Mayor Kranstuber requested that the press be provided with a copy of the resolution with the complete list of appointments. Vote on the Resolution - Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes. OTHER Final Plat - Amberleigh North. Section 2 ln response to Mayor Kranstuber, Ms. Clarke, Planning Director stated that the final plat conforms with the preliminary plat. - Mayor Kranstuber moved for approval of the final plat of Amberleigh North, Section 2. Mr. Peterson seconded the motion. Vote on the motion - Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes. Staff Report in response to Petition for Sanitary Sewer Service for Area North of Summitview Road and West of Sawmill Road Mayor Kranstuber suggested that this be considered later on the agenda, as there are no residents present at this time for the discussion. Discussion re Next Phase of Construction ofthe Dublin Road Bike Path Mr. Kindra stated that, as requested, he has provided Council members with a map of the entire layout ofthe Dublin Road bikepath between the library and Glick Road. Based on the $150,000 funding allocated per year, and some separate funding for the tunnel, staff has indicated on the map the feasible sections to do each year. The present funding of $150,000 will not be sufficient to carry out the program in some years. Staff would propose that further consideration be given to the funding in future years. Mayor Kranstuber suggested that Council discuss this at the time of capital budget hearings. Mr. Kindra stated that for this year, he suggests that the gap be completed between the ~ Killilea subdivision and Browning Court. Mr. McCash asked ifthere is a way to include wooden decking in areas to reduce the impact on grading along the side of the road. Mr. Kindra stated that this type of bike path would be very expensive and probably unnecessary. Mr. McCash suggested that the Old Dublin Revitalization Task Force may want to discuss this. Mayor Kranstuber moved to approve the phasing which is detailed in Mr. Kindra's memo of March 8, 2000. Mr. Reiner seconded the motion. , , , 11":11 RECORD OF PROCEEDINGS ",""."..~.m",~'~",~,",","","~"",m"",H",_",,""~Minut,eS.Hoi",".H~"'""'~"'~~"~.~"'"'"'~"""'",~'"~"",'''~"",~'"'m.d",~.~Q","~.~",",Q",""~~~m~",~",~m~"_Q_"~_"~~mm~m~",~~m~~_",~",",m",~",",~ Meeting. Dublin City Council Meeting mmpagelr~"~---~"'~ . ."~"~HHH~m DAYTON LEGAL BLANK INC. FORM NO. 10148 Held M::lrd, ?O, ?OOO , (YEAR) Vote on the motion - Mr. Peterson, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes. ~ Discussion re Additional Seven Years of Annual Financial Contribution by Dublin for Land Acquisition in order to Provide a Larger Northwest Metro Park Mr. Hansley stated that staff would like to update Council on a request from the Metro Park system to have Dublin extend its financial commitment by an additional seven years. Larry Peck. Columbus and Franklin County Metro Parks updated Council on the progress to date of land acquisition for the new northwest Metro Park. The original commitment of acreage for the park was approximately 860 acres. Dublin pledged $5 million to be paid over 13 years, and the Park District committed $5 million for land acquisition. Dublin's commitment was based on $385,000 a year for 13 years. At this time, the District owns 600 acres and they have spent$11.3 million on land acquisition. The park district believes they could potentially close very soon on another four parcels, totaling about 200 acres. The concept plan includes developing a trail from A very Park to connect into the northwest park, and development of a loop trail system. The park will include wetlands, a great animal habitat, and picnic areas. They envision an exciting park, with very possibly over 1,100 acres. ln discussion with Dublin staff, the Park District has asked the City's consideration of extending the annual $385,000 payment by Dublin for seven more years, for a total of $2.2 million additional. The District is now viewing their commitment as $8.8 million for land acquisition, and another $4 - 5 million for capital development. The partnership they have with the City of Dublin has been wonderful, and they are very much appreciative of Dublin's support of this project. - Mr. McCash asked ifthe cities of Columbus or Hilliard have been approached for funding of this regional park. Mr. Peck stated they have not, because the tax base of the park district is Franklin County in total and the Franklin county levy of last year generates tax dollars from these areas. Mr. Peck noted that they are also respectfully requesting consideration being given to the acceleration of reimbursements from Dublin due to the Park District's cash flow problems as a result of the pace of this land acquisition. Mayor Kranstuber asked if legislation will be needed to amend this agreement. Ms. Grigsby responded that if Council endorses the extension of funding in concept, staff will prepare the legislation to amend the current agreement. ln terms of any acceleration of funding, she would recommend that Council direct staff to evaluate this for further review in the capital budget process. Mr. McCash suggested that any monies the Park District receives in a wetlands bank be counted toward Dublin's contribution to this regional park. ---. Mr. Peck stated that this could be done. He thanked Dublin for their support to date. Without the City's contribution, this park could not have happened in view ofthe high costs of land in this area. Mr. Adamek asked ifthe Park District has approached Union County or Jerome Township about financial partnering. Mr. Peck responded that they have discussed grant applications with these entities. The District has also targeted corporations in Union County for direct financial contributions. Mayor Kranstuber moved approval of the extension of funding for an additional seven years, and to have staff investigate as part of the capital budget process the possibility of accelerating payments. , , , '1:1 RECORD OF PROCEEDINGS ........"'..,""....'OH..m..'.."..~..m..m""_..~..~,_Minu1.es....of......""'""~'m'......'.........m....~Q..'".."......"...._..H"....'..m'~~~~..~"'~..~'~H..~............,~...."...~""'....~~'~m'~m~~__"~""Q~"....~~m~.._~~~~,~,,~~..""'~"~_..~~ Me...e1in~ . Dublin City Council Meeting Page li~ ~.."'~~,~.... '-~"""'""",,, DAYTON LEGAL BLANK INC. FORM NO. 10148 Held M~r~h '70 '7000 , , (YEAR) Mr. Hansley stated that if this motion is approved, staffwill bring Council the appropriate legislation to modify the existing agreement. Mr. Adamek seconded the motion. !"'"-\ V ote on the motion - Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, no. Report to Old Dublin Revitalization Task Force re Increased Pedestrian Safety at Bridge and High Streets lntersection Mr. Peterson stated this report was generated at the request of the Old Dublin Revitalization Task Force. The staffhas made four recommendations of ways to improve the safety of crossing at the intersection. Mr. Peterson moved to direct staff to implement the four recommendations contained in the staff memo of March 8, 2000. Mr. Adamek seconded the motion. Mr. McCash noted that his concern is with the speed of the traffic through that intersection, not the visibility of the crosswalk. He is not certain that any of these recommendations will mitigate the impact ofthe traffic speeds. Mr. Kindra stated that currently, there is minimal pedestrian traffic. ln terms of speed, it is not likely that ODOT will consent to lowering the speed limit. Presently, there is a major issue with ODOT regarding the speed ofS.R. 161 for the portion between Sawmill and Riverside - ODOT desires 45 mph and the project was designed for 35 mph. The recommendations in the report can be implemented immediately, and ODOT will not have any objection to them. -. Vote on the motion - Mr. Adamek, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Staff Report in response to Petition for Sanitary Sewer Service for Area North of Summitview Road and West of Sawmill Road Mr. Adamek moved to table this issue until the April 3 Council meeting. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Council Round Table/Committee Reports Mr. Peterson thanked Mr. Kindra for attending a meeting with a group of residents ofthe southern portion of A very Road. This group has concerns about the traffic changes in the southwest and how they have impacted A very Road. There were some difficult questions raised, and he appreciates Mr. Kindra's assistance. Mr. Reiner commented that the St. Patrick's Day events were very well done this year, especially in view of Council's modifications to the proposed budget. Mr. McCash: ~ 1. Asked for follow-up regarding the resident of 190 Marion Street who complained about the maintenance of the right-of-way and need for storm sewers. Mr. Hansley responded that staff met with residents of that area. Other than installing curb and gutter, there is little that can be done. He will ask Mr. McDaniel to give a verbal report at the next Council meeting. 2. Asked about the status of completion of the bikepath along the south side of Post Road in front of the new residential homes. The resident has not been successful in contacting Mr. Hahn. Mr. Hahn stated that he spoke with the resident a month ago. He has sent staff members some correspondence about the status of this, and Ms. Crandall has also followed up. Ms. Crandall stated that she is still checking into the situation. 3. Asked about staff s response to the letter sent by the resident complaining about the "'!W!JJ~i!':'.1!'J~1".,t';':1IJN:M!:tnlm,~itH1liJHiii>1~,iijlfllH:il';f:':W~Wi:!; U~LI"; 'l~j;:-:Uiji,;'f,I>;fIJ .... i'. '..1 i RECORD OF PROCEEDINGS .^~mM~,""'''M~''~m"''~H~^''''_^''^",M"''"^M.Minut.e.s""of'~'''''',","''H''''",M"^"",""~"~M""""""","'''m^"mH''~"~H"'"''~H''''"~~m_"",",,,~"~~^_~_"~~"'"~'~~""_M~Q~__"~"~~~,,~",~__"~ M.e.~j;in~ Dublin City Council Meeting " PageM"IT~~'~""~"'-~~"" """^"^"^"#"~" DAYTON LEGAL BLANK INC. FOHM NO. 10148 Held M:wc.n?O ?OOO , , (YEAR) timeliness of building inspections for Mil Homes. Ms. Crandall stated that she is checking into this situation in Westbury Phase 3. Mr. McCash stated that the resident needs to understand that the City is not often .r--' responsible for developers who miss deadlines for closing on homes. More often, it is a builder's scheduling problem. - Mr. Adamek congratulated Chief Geis on his perfect test score from CALEA as outlined in the information forwarded in the packet. Mayor Kranstuber: 1. Commented that he cannot attend Mr. Helwig's reception due to Mayor's Court scheduling that evening. Mr. Adamek is also out oftown, and the newly appointed magistrate is out of town as well. 2. Congratulations to Mr. Kindra on his appointment as Acting Development Director. Mr. Peterson noted that he will contact the board and commission appointees tomorrow to relay the news. The Clerk added that she will send each of the applicants a letter about their status. The meeting was adjourned at 10:10 p.m. ~~ -- ~ C!. ~ Clerk of Council ~