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HomeMy WebLinkAbout06/05/2000RECORD OF PROCEEDINGS Dublin City Council Meeting Page 1 Held Tune S, 2000 (YEP Mayor Kranstuber called the Dublin City Council meeting of June 5, 2000 to order at 7:00 p.m. Mrs. Boring led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Vice Mayor Adamek, Mrs. Boring, Ms. Chinnici-Zuercher, Mr. McCash, Mr. Peterson, and Mr. Reiner. Staff members present were: Mr. Hansley, Ms. Grigsby, Mr. Smith, Mr. Kindra, Mr. Harding, Ms. Clarke, Mr. McDaniel, Mr. Stevens, Ms. Puskarcik, Chief Geis, Ms. Crandall, and Mr. Husenitza. Approval of Minutes of May 15, 2000 Mayor Kranstuber moved approval of the May 15, 2000 meeting minutes. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion — Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes. Correspondence The Clerk reported there is no correspondence that requires Council action. Oath of Office — Police Sergeant Chief of Police Rob Geis explained that due to a scheduling conflict, Sergeant DeJamette was sworn in during office hours. However, as is the custom, Chief Geis would like to formally introduce newly appointed Police Sergeant John DeJarnette to Council, the public, and the media. Citizen Comments Officer Bruce McKenna, DARE program, explained that the DARE officers have worked with a group of students from Dublin City schools who have initiated a request to City Council to pass tobacco legislation. The students have pointed out a difference in local laws regarding alcohol and tobacco. While the City ordinance prohibits a retailer or manufacturer from selling tobacco products to individuals under age 18, the City alcohol ordinance prohibits the possession, usage and purchase of alcohol by individuals under age 18. The students request that legislation be passed which provides the same restrictions for tobacco as alcohol. He added that nine students have been selected by their schools to represent a much larger group of students, and they are present tonight to address City Council. The following students read personal letters of petition for passage of an ordinance prohibiting underage possession or usage of tobacco: Karen Lombardo, 4735 Widnar Ct.,Columbus. Nick Gamrath, 7725 Aldridge Ct., Dublin Maleah O'Neal, 7766 Sawmill Road, Dublin Christa Cocumelli, 4405 May Apple Ct., Dublin Jenna Moomaw, 2472 Willis Road, Dublin Ali Ristas, 5398 Dunniker Park Drive, Dublin Emily Wittmann, 5049 Glennaire Drive, Dublin Allison Bloom, 7043 Willow Run Drive, Dublin Alex Chrissis, 732 Woods Hollow Lane, Powell Officer McKenna presented to the Mayor a formal petition; supporting documentation compiled by Officer Jones of the DARE program; plus 115 additional student letters. Mr. McCash asked the Law Director whether City Council could pass such legislation locally, or if State law would be preemptive. Mr. Smith responded that this is the State's jurisdiction, but at a minimum, Council could pass a resolution in support of change to the State law. RECORD OF PROCEEDINGS ....-_Hww.--- Dublin City Council Meeting Page 2 Held Tune 5, 2000 Officer McKenna noted that the understanding is that the State plans to pass a law to deal with this issue. It would be to Dublin's credit to precede the State on this. Mr. McCash moved to direct the Law Director to review the matter and determine if City Council can pass local legislation on the issue, and if so, to draft an ordinance for Council, or, if not, then to prepare a resolution in support of change in the State law. Mr. Reiner seconded the motion. Officer McKenna requested that, if the matter is later referred to Committee, the student representatives be allowed to have input with the Committee to continue their educational involvement with this legislation. Mr. Smith agreed to complete his review and provide the information at the July 10th Council meeting. Vote on the motion: Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mr. Reiner, yes. Lee Grabill 5242 Willow Grove Place N., president of the Willow Grove Condominium Owners Association, presented a request on behalf of the Association that the City address the current rat infestation of the common areas and perimeter of the Willow Grove area. The property manager has discussed the problem with the Director of the City Service Department, and has been assured that the City will bait and trap around the perimeter of the property for a period of 30 days and evaluate the extent of the infestation. To date, they have had no confirmation from the City that the baiting has taken place nor any report of results. He did speak with Mr. McDaniel who has confirmed the City's responsibility outside the property perimeter. The Association is contracting with Ohio Exterminating to bait on the Association's property, but until the source is cleaned up, it will be ineffective. He requests that the City heavily bait the adjacent, City -owned Blankenship property. After the problem is eliminated, they will be requesting that the City also clear the heavy brush from that property to remove the natural cover that furnishes an ideal location for this population that is being displaced by the highway and sewer construction in the immediate neighborhood. The Association will work with the City's Service department to resolve the problem. Mr. Hanley responded that staff and the Franklin County Board of Health are investigating the problem. He noted that the earlier desire of the Association in regard to the natural cover of the adjacent property was that it not be removed in order to provide natural buffering from the roadway. He assured Mr. Grabill that the City will be in contact to discuss the appropriate amount of ground cover to be removed which will leave a sufficient amount of buffering. Ms. Chinnici-Zuercher inquired about staff's efforts to address the problem. Mr. McDaniel responded that upon notification to the City by Mr. Grabill, his department visited the site, evaluated the sanitary and stormwater systems adjacent to the area and found no evidence of a food source. They then contacted the Franklin County Health Department. After a similar evaluation, the Health Department indicated that it would be necessary to bait and trap to identify the problem. That was three weeks ago, and the Department of Health had given a four-week timeline for providing a report to the City. Mr. McDaniel has remained in contact with the Department of Health, but to date, they have had no results from attempts to bait and trap. In addition, the night crew of the Service Department has attempted to detect evidence of the rats with no success. They will continue to work with the Department of Health to identify and eradicate the problem. Wallace Maurer, 7451 Dublin Road stated: 1. He has observed that Council members drink bottled water during Council meetings. He recently read an article in the Nutrition Action Health Letter published by the Center for Science in the Public Interest. Studies show that if the bottles indicate RECORD OF PROCEEDINGS Dublin City Council Meeting Page 3 Held June'i 2000 1 9 - certification by the International Association of Bottled Water, the water is probably safe to drink. 2. At the last Council meeting, he picked up a brochure on Dublin City Council meeting procedures. He inquired if there has;been any amendment to Dublin's Code to add economic development to the executive session topics. Mr. Hansley responded that, to date, Council has not added that fourth element to executive session topics. If that change is taken under Council consideration, the public will be notified. Jane Hartman, 6445 Woerner-Temple Road, stated that they have a recurring problem with the owner of the adjacent property who does not mow his property unless so ordered. Now that their area has been annexed into the City of Dublin, whom does she contact to take care of this matter? Mr. Hansley responded that the City has adopted a weed ordinance similar to that of the township. Staff will contact Mrs. Hartman tomorrow, and she can identify the property. The procedure in place is to serve a notice, and if no attempt to comply is made after a second notice, the City will mow the property and assess it to the owner's property tax bill. Staff Comments Mr. Kindra: 1. Announced that Preston Hale, Director of Building Standards, has resigned his position, effective 6/16/00. Kevin Moran will serve as Acting Director of Building Standards. Ms. Grigsby: 1. Referred to an item included in Council packets which indicates the City's desire to extend the current depository agreement with BancOne. Staff will propose legislation later in the year to formally extend the agreement for a two-year period. If Council has any concerns, please contact her and a different method will be followed for an RFP process. 2. Also included in the packet, was information from Fitch, a rating agency, regarding a recent analysis. Twenty percent of the municipalities they have rated were upgraded, including the City of Dublin. The City was upgraded from AA+ to AAA, the highest rating achievable. Chief Geis clarified that the earlier petition by the students was totally a student initiative which was then facilitated by the DARE officers. It became a collaborative effort and is evidence of community policing at its highest level. LEGISLATION TABLED ORDINANCE Ordinance 54-99 — An Ordinance Providing for a Change in Zoning for 55.5 Acres Located on the West Side of Avery Road, and North of Rings Road, from: R-113, Restricted Suburban Residential District and EU, Exceptional Use District (Washington Township classification), to: PUD, Planned Unit Development District. (Cramer's Crossing, aka Avery Village Commons/File No. 99-041Z) (Applicant: 18 Acre Avery Road Ltd. and Mid -States Development Corporation, c/o S. Robert Davis, 5720 Avery Road, Dublin, OH 43016; and Rockford Homes, Inc., c/o Donald Wick, 999 Polaris Parkway, Columbus, OH 43240; represented by Christopher T. Cline, 5455 Rings Road, Suite 500, Dublin, OH 43017) Mayor Kranstuber indicated that this issue has been discussed previously, and tonight's discussion will be limited to an update from staff on the road design and an update from Mr. Cline, the applicant's attorney, on any changes the applicant has made to the proposal. Mr. Kindra reported that Council's direction at the last discussion was to realign Rings Road. Subsequently, staff met with the teams working on both the Cramer Crossing RECORD OF PROCEEDINGS . Dublin City Council Meeting Page 4 development and the golf course. The golf course was approved by the Planning Commission at their last meeting, and the approved plan golf course included the road change. One of the conditions of approval of the golf course rezoning was that a traffic study be done. The major consideration now is whether the realignment of Rings Road will involve a three, four or five -lane, boulevarded road. Although staff has seen a proposed realignment for this development, he and Ms. Clarke have not had the opportunity to review the final proposal, which the applicant will present to City Council tonight. Staff will not be able to provide any assessment until after that presentation. Mayor Kranstuber inquired if the road modification proposed by Mr. Yoder was determined to be feasible. Mr. Kindra responded that it was, and that modification has been included in the revision. Chris Cline, attorney representing applicant Rockford Homes explained that the reason staff has not had an opportunity to review the final proposal is that it has been a challenge for the applicant to meet the deadline. Rockford Homes' changes must align with any changes made in the golf course development, which was not approved until this past Thursday, June 2nd. Since then, Mr. Fite's firm has exerted all effort to have the plans redrawn, incorporating the City's changes, in order to be ready for Council's consideration tonight. Minor changes were made in some lot sizes and the number of units. The new road alignment is to the west, then to the north, bypassing Amlin. This is slightly different from Mr. Yoder's proposal, but it will work within the appropriate radius, and is a plan that all parties found acceptable, including the Planning Commission. Michael Fite Bird & Houk Associates planner for both the Cramer Crossing development and the golf course, explained the changes: 1. One section of Cramer's Road was eliminated; 2. The golf course was reworked on the south side to incorporate an eleven -acre park, with an adjoining six -acre park, which will provide a 17 -acre park that will benefit both communities; 3. The road now comes in from Avery Road; 4. The 70 -foot right-of-way was reduced to 60 feet; 5. The cul de sacs were removed on the south side, and one entrance added; 6. All the 65 -foot lots on both the north and south side have been eliminated; 7. The number of lots was reduced by two; 8. An acre and half of open space has been added, for a total open space of more than 27 percent of the site, two percent more than the requirement in Dublin; 9. The internal green space has also been increased; 10. The north side was reconfigured so it is not so linear along the industrial section; this will provide opportunity to add additional green space behind the cul de sac or turning lots to soften that barrier; 11. Of the 79 lots, 17 are 70 foot, 41 are 75 feet, and 21 are 80 -foot lots; the condos are the same; 12. Rockford Homes and The Edwards Company will handle the water feature similarly in both projects to provide a contiguous look; 13. To accommodate the road change, another bend and another stop were put in to discourage attempts to cut through this development to access Avery Road from Rings Road; 14. The two stub streets on the north were eliminated. Mr. Fite summarized that if the Cramer Crossing development plan were reduced and layered over the golf course plan, no differences would be discernable. There is now the sense of one continuous project. Mr. Cline noted that in the revised development text provided to Council, two corrections should be made: (1) the landscape buffer along the south is 100 feet, not 200 feet. In comparison, the golf course development will have a 50 -foot buffer along Rings Road; (2) the minimum lot size is shown as 9,100 sq. ft., and it should be 8,400 sq. ft. RECORD OF PROCEEDINGS ....v..M;iaauS,-s Dublin City Council Meeting Page 5 Held June 5, 2000 , He pointed out the major changes in the development standards. 1) There is no vinyl in the single-family area of the subdivision; it is all natural materials, and a mix in colors is provided. 2) The revision in the road makes this a more self-contained subdivision. 3) A concern expressed regarding the inclusion of condominiums in the project has been addressed by the condominiums approved in the golf course plan. That has established that an appropriate land use is permissible, even if the Community Plan specifies another use. 4) In comparison, the golf course condominiums are at 5 units/acre; these are at 3.5 units/acre. The smallest lot is now 75 feet in width. This is the typical lot size of the highest quality subdivisions in the southwest, and similar to that in the Waterford neighborhood. 5) Discussion with Mr. Edwards indicates his intention that the entry ponds are not merely retention ponds. Mr. Edwards also prefers that the two lots in that area are not eliminated, and that the dollars saved in elimination of the roadway be used to enhance the retention ponds. Rockford indicated to him that this responds to Council's direction to show some degree of reduction commensurate with removal of the roadway. If Council should determine to approve inclusion of those two lots, the additional money from those lots would be used for enhancement of the ponds. He concluded that this a good transition from the existing industrial uses, and a smooth blend from the intensity of Avery to single family and to the golf course. Mayor Kranstuber invited public comment. Bill Yoder, 5661 Wilcox Road stated that the residents are pleased with the revisions in the road design. He inquired about the possibility of a pedestrian crossing under Avery Road. They had hoped for a grading plan that would allow for a future connection between the existing neighborhoods and this neighborhood. Will these be incorporated in the plan? Mr. Cline responded that this is not part of Rockford's commitment. It would likely be a municipal project that would be associated with the eventual widening of Avery Road. However, Mr. Fite has indicated that the golf course development has five pedestrian/golf cart tunnels under the roadway, so it would be feasible for this development as well. Mr. McCash noted that since the water features near Avery Road are part of the project, it would be necessary to assure enough space between those and Cramer Road to allow for the tunnel connection. Mr. Cline responded that if Council so indicates, it can be done as part of the preliminary plat submission to facilitate it for future municipal projects. Jane Hartman, 6445 Woerner-Temple Road, indicated that this project will back up to the Hartman's rear property line. They have 2-1/2 acres of wooded open space with a pond that will abut the open space of the new project and are concerned that residents of the new development will view the Hartman property as extended greenspace of the new development. They request that a fence be installed to divide their private property from the new subdivision. In response to Mr. McCash's inquiry, Mr. Cline clarified that: (1) there is no vinyl in the single family; the vinyl in the multi -family is no greater than 30 percent; (2) the open space is 27 percent, including buffers; (3) the single-family density is 2.1 units per acre with 79 lots; the condo area is unchanged at 3.5 units per acre; (4) there are 17 lots at 70 foot width; 41 at 75 foot width; and 21 lots at 80 foot width, for an overall density of 2.5 units per acre; (5) architectural diversity is included at the current City standard. Mr. Fite pointed out that the previous plan allowed for two-sided architectural trim, and RECORD OF PROCEEDINGS Dublin City Council Meeting Page 6 Held June 5, 2000 , the majority of that has been deleted because of the revision to natural materials. Because they are visible from the side, 17 lots will retain the two-sided architectural trim. Mrs. Boring noted that the developer is willing to extend the sewer and water lines to the western boundary, and inquired if the timing is such that the sewers will be available to the golf course development when needed. Mr. Cline responded that the project has been fast -tracked, and Rockford has stated that they will cooperate in meeting the timeline to take the sewer to the western boundary, assuming Cramer Crossing is approved. The 21 -inch Cramer Ditch sewer will serve a large portion of the golf course community. Mrs. Boring asked what will happen if Cramer Crossing is not approved and the City has to install the sewer line for the golf course. Mr. Kindra responded that the City would make temporary pumping arrangements if the necessary lines are not installed in a timely manner. Mr. Peterson inquired about the property to the west of the new circular entrance. Mr. Cline noted that is the John Fergus home, which Mr. Fergus is in the process of selling. It has 250 feet of frontage. Rockford has committed to making the sewer line available to him. The property would be difficult to re -develop and will remain as is. Mr. Reiner asked Mr. Kindra and Ms. Clarke if they have had an opportunity to review the revised plan. They responded that they have not. Mr. Reiner inquired how disapproval of this project tonight would affect the golf course project. Ms. Clarke responded that staff met with the Edwards group to discuss this possibility. The consensus was that the golf course plan is a freestanding plan. It is simplified if the Cramer Crossing project is also approved, as there is a standing agreement between the two parties for the extension of those utilities. Mr. Reiner noted that this revised plan should be referred to P&Z for a recommendation prior to approval by Council. Otherwise, Council is setting a dangerous precedent. Ms. Clarke agreed, noting that she can recall only one other occasion when Council did not refer such a revised plan to P&Z. The developers are aware of the City's established procedures. Mr. Reiner asked if P&Z could expedite their review process for this item. Ms. Clarke responded that if Council requested a 30 -day turnaround, the Commission ,.�. would oblige. Mr. Reiner stated that while he supports the much -improved site plan, he has a concern about bypassing the usual Planning Commission approval. Therefore, his recommendation is to refer it back to P&Z for a recommendation on an expedited basis. Mrs. Boring noted that Planning Commission works out many of the details at the preliminary plat stage; tonight's issue for Council is merely the rezoning approval. Mr. Smith said that Council has discretion in how they would like to handle this. There have been two other cases where revised plans were not submitted to P&Z for review. Mr. Hansley clarified that these revisions were made in response to Council's requests. Mr. Smith pointed out that if this application fails, the City will ultimately install the RECORD OF PROCEEDINGS Dublin City Council Meeting Page 7 Held Tine 5, 9000 , sewer, but there may have to be an intermediate provision for the golf course. Mr. Cline noted that if Council prefers, they will return to the Planning Commission for approval of the revisions; however, it would then be impossible to meet the City's timeline for the sewer. Mr. Reiner moved to refer the case to Planning Commission for review on an expedited timeframe. Mr. Peterson seconded the motion. Mrs. Boring noted that the plan now incorporates all the things she considers important for this tract, and she believes it is ready for approval with the condition that it will be subject to revision of minor details. Mr. Peterson clarified that his concern is with adhering to the City's process. He believes it is better to endorse a positive recommendation than override a negative one. Mr. Adamek commented that the distinction he sees is that Council is considering a rezoning, not a preliminary plat. This development is still subject to Planning and Zoning's approval of the preliminary plat. Vote on the motion: Mr. Reiner, yes; Ms. Chinnici-Zuercher, no; Mrs. Boring, no; Mr. McCash, no; Mr. Peterson, yes; Mr. Adamek, no; Mayor Kranstuber, no. (Motion failed.) Mr. McCash moved to approve Ordinance 54-99 with the modifications presented tonight with the condition that minor modifications to address specific engineering issues be evaluated and worked out at the preliminary plat stage. Those modifications provided tonight include: a substantial increase of lot sizes to complement the western development; provision of a contiguous park area for two neighborhoods; and provision of overall open space greater than the City's requirements. Mr. Adamek seconded the motion. Ms. Clarke clarified that the final P&Z vote was 5 to 1 to disapprove, which requires that Council's vote to override the P & Z vote must be with 5 votes in favor. Wallace Maurer testified that the density approved for the golf course is higher than the recommendation in the Community Plan, as is the density for this project. Combined, will they result in a serious traffic problem on Avery Road? Mr. McCash clarified that the Community Plan recommendation is for two units an acre for single family homes; it is five units per acre for multi -family. If 50 percent of this project is single family and 50 percent is multi -family, then the recommended density for this project would be 3.0 to 3.5 units per acre. This plan provides better than that with a density of 2.5 units per acre. Additionally, studies conducted by school districts indicate that multi -family has less impact on a school district. Mayor Kranstuber asked about the approximate density of the closest single-family subdivision - Sandy Corners. Ms. Clarke responded that all of the subdivisions between I-270 and Avery Road have a density above 2.0 units per acre. Two units an acre or less is the standard that has been held for the area west of Avery Road; this plan is approximately 2.5 units per acre. However, the Community Plan recommends single family for this area. Specific vacant parcels were slotted for multi -family development, but this was not one of them. Mayor Kranstuber stated that if Council does approve this plan tonight, it would be with the understanding that this is a unique development. Staff should not view it as an indication that Council does not want to adhere to the 2.0 units per acre density as stipulated by the Community Plan. In this case, there is a need for a transitional development between the existing industrial and the proposed golf course development, RECORD OF PROCEEDINGS Dublin CityCouncil Meeting Page 8 Held Tine 51 2000 and this project provides it. Vote on the Ordinance: Mr. Reiner, no; Ms. Chinnici-Zuercher, yes; Mr. Adamek, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mayor Kranstuber, yes. Ordinance 66-00 - An Ordinance Amending Chapter 150 of the Dublin Codified Ordinances by Adoption of the 1998 International One and Two Family Dwelling Code, and Declaring an Emergency. Mr. Kindra referred to the letter from the Central Ohio Building Code Officials recommending Council approval of the 1999 amendment to the Ohio Residential Code. Staff has reviewed the amendment and has taken a neutral position. They would like Council to be aware that some local builders may not be able to comply with the provision regarding the size of stairs. Peter Lenz, representing the Building Industry Association of Central Ohio pointed out that there are issues with the ordinance as it has been presented to Council. The Code that has been presented to Council is the International One and Two Family Dwelling Code. Recently, hearings have been held within the State of Ohio to take the international code and modify it to fit the State of Ohio. One of the concerns with the adoption of an international code is that there are issues specific to the region that aren't addressed. That is the purpose of the Ohio version of this code. The second concern is that adopting the Code in its current form creates a potential technical problem with 4101:2-10-14. This is the Ohio version of the BOCA code, specifically the section that adopts a stair geometry. Mr. Hale's memo of May 10 explains the reason for caution in adopting the Code. The concern is that if there is a difference between one, two, three and four -family requirements, there is a potential hazard. In 1996, the City took the position that they wanted to be consistent with the State code. Mr. McCash requested clarification of the safety problem. Mr. Lenz responded that the question is essentially one of remaining consistent. Discussion followed. Mayor Kranstuber asked for staff's recommendation. Mr. Hansley indicated that staff is neutral in regard to adoption of this Code. Mayor Kranstuber moved to table the ordinance indefinitely. Mr. Adamek seconded the motion. Vote on the motion: Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Chinnici- Zuercher, yes; Mr. McCash, no; Mr. Peterson, yes; Mayor Kranstuber, yes. SECOND READING/PUBLIC HEARING - ORDINANCES Ordinance 73-00 — An Ordinance Amending Section 73.01 Regarding Driving or 0-1 Physical Control of a Vehicle While Under the Influence. Mr. Smith noted that at their last meeting, Council requested a memorandum providing information on this legislation. That has been provided, along with a redlined document and a chart. The two major changes are that the amendment increases the penalty both financially and in terms of incarceration. It is staff's recommendation that it be adopted. Mayor Kranstuber moved for passage by emergency. Mr. Peterson seconded the motion. Vote on the motion: Mrs. Boring, yes; Ms. Chinnici-Zuercher, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Vote on the Ordinance: Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Chinnici-Zuercher, yes. Ordinance 74-00 — An Ordinance Amending Section 76.02 Regarding Handicapped RECORD OF PROCEEDINGS .......v...�w.....,.w.mti......_.mw...M;nntps.nf Dublin City Council Meeting Page 9 DAMN L NO. 10148 Held Tune 51 9,000 Parking. Mr. Smith indicated that this is an update to City Code to comply with Sub. House Bill 148, which goes into effect July 15, 2000. Based on the provisions of the Bill, four new provisions have been added to Section 76.02 of the Dublin Code. Vote on the Ordinance: Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. INTRODUCTION & FIRST READING - ORDINANCES Ordinance 83-00 — An Ordinance Authorizing the Provision of Certain Incentives for Purposes of Encouraging the Expansion by Nationwide of its Operations Within the City, Which Include Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owner Thereof to Make Service Payments in Lieu of Taxes, Establishing a Municipal Public Improvement Tax Increment Equivalent Fund for the Deposit of Such Service Payments, Authorizing the Execution of a Tax Increment Financing Agreement, an Economic Development Agreement and a Dublink Agreement, Terminating the Provisions for Additional Tax Exemptions Within the Britton Parkway Community Reinvestment Area. Mayor Kranstuber introduced the ordinance. Mr. Stevens introduced Craig Thomas, Vice President of Facility Services, Nationwide, who is present tonight. Mr. Stevens explained that this ordinance will authorize the City Manager to enter into an economic development agreement which will incentivize Nationwide to retain the 2,000 jobs that they currently have in the Tuttle business park, and will create 5,000 additional jobs by the year 2006. This would include 600 jobs at the Parkwood II facility by the end of 2000. Duke -Weeks would then begin construction of a 400,000 square foot office facility in the Rings -Frantz campus, formerly the ATT or Lucent site. In addition to the provisions of the economic development agreement, there are some non -financials that the City has agreed to, including a fiber optic connection via DubLink; and working with area businesses on provision of shuttle service on a per fee basis within Dublin through an entity such as COTA. The TIF agreement is with Duke - Weeks and is for the entire piece of the Rings -Frantz campus. It is a non -school TIF, so it will not abate any money from the school district. Duke has agreed to forego any further tax abatements in their Community Reinvestment area on Britton Parkway. Ms. Chinnici-Zuercher noted the $29 million cap on maximum incentive and inquired if there is a time limitation. Mr. Stevens indicated the time period established is 16 years. Ms. Chinnici-Zuercher inquired about the tax abatement issue for the remainder of the Britton Parkway community reinvestment area. How much land does Duke -Weeks have under control that could potentially be developed? Don Hunter. Duke -Weeks, responded that there is a plan for another 130,000 square foot building which Duke expects to break ground on next month. Mr. McCash inquired about the TIF financing for road improvements and whether road improvements inside Columbus on Emerald Parkway been included? Mr. Stevens indicated that there has been no discussion or negotiation with Columbus at this point. He stated that it would be preferable to TIF the new Duke -Weeks building where the Community Reinvestment Area is because it is located on Emerald Parkway and then to use that and a non -school TIF to help improve that part of Emerald Parkway within the City of Columbus. This will involve discussion between the parties and the Law Director. RECORD OF PROCEEDINGS Dublin City Council Meeting Page 10 Held 7nne 5, 2000. , Mr. McCash asked if the City of Columbus would have responsibility for funding. Mr. Smith indicated that they would review that with bond counsel, as there is another building planned for that area. There will be a second reading/public hearing at the June 19r' Council meeting. Ordinance 84-00 - An Ordinance Adopting the Proposed Tax Budget for Fiscal Year 2001. Mayor Kranstuber introduced the ordinance. Ms. Grigsby noted that, generally, this is an annual house-cleaning item. In response to Council's direction at goal setting, staff is recommending a mechanism to provide a funding source for land acquisition in an effort to preserve open space and reduce additional residential development. One method is to take the inside millage of 1.75 mills and direct this toward the parkland acquisition fund. Currently, those dollars are allocated to the general fund, safety fund and debt service fund. This meets Council's goal for a funding source for land acquisition, and yet maintains flexibility for the City. If economic conditions change in a few years, the City can modify this. Staff requests a second reading/public hearing at the June 190' Council meeting. Mr. Reiner inquired about the value of the millage on an annual basis. Ms. Grigsby responded that, currently, property taxes are estimated to be $1. 9 million, with an additional $200,000 from the State allocation received on property taxes, for a total of $2.1 to $2.2 million. Ms. Chinnici-Zuercher inquired what the immediate impact would be on the general, safety and debt service funds. Ms. Grigsby responded that in terms of the debt service, there is a bond issue that matures this year, and so next year, that obligation will not exist. The general fund will have to make additional transfers to offset the property tax, which is estimated at about $545,000. The monies which would have gone into the general fund will instead go to the parkland acquisition fund. Annually, the City looks at how much can be dedicated to this fund. This will provide a starting point each year for the amount of the allocation. There will be a second reading/public hearing at the June 19th Council meeting. Ordinance 85-00 — An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2000. Mr. Adamek introduced the ordinance. Ms. Grigsby explained that this amendment provides for an appropriation of $225,787.85. Of that, $50,000 is appropriated for golf course architectural services; and $175,787.75 is to reimburse American Electric Power for the costs of relocating power lines underground at the Frantz Road/State Route 161 intersection. Staff requests that Council dispense with the public hearing. Mr. McCash inquired if a cost estimate was initially provided by AEP. Ms. Grigsby responded that estimates are generally given at the outset of the project; however, AEP's estimates are often low or later revised. The City only recently received these estimates, although the project was completed in 1998. For this reason, there has been a balance of $107,000 in that fund since the end of the project. Mrs. Boring asked about the status of the work being done by the consultants retained for the golf course study. Ms. Grigsby noted that she has not received a report yet, but has spoken with the consultants. Their work indicates that the course is financially feasible, with evaluation on an annual basis. Revisions are being completed on the RFP to secure a third party to finance, construct and operate the golf course. If responses are not adequate, the City will investigate using the City's bond capacity. Mr. Smith added that a timeline would be provided to Council in the next couple of RECORD OF PROCEEDINGS Ma.­.utes� Dublin City Council Meeting Page 11 Held June 5, MOO weeks. Mayor Kranstuber moved to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion: Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes. Vote on the Ordinance: Mr. Reiner, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. Ordinance 86-00 — An Ordinance to Accept the Lowest/Best Bid for the 2000 Street Maintenance Program for the City of Dublin, and Declaring an Emergency. Mr. Adamek introduced the ordinance. Mr. Hansley stated that staff requests that the bid be awarded to the low bidder and also requests that the second reading be waived to allow the City to retain the bids at the current prices. Mrs. Boring inquired if the City has previous experience with this contractor. Mr. Kindra responded that they have worked for the City previously and their work has been satisfactory. Mr. Reiner inquired about the increase in the amount for bikepath maintenance. Mr. Kindra explained that this primarily reflects the cost of asphalt items. Mayor Kranstuber moved to dispense with the public hearing and for passage by emergency. Mr. Adamek seconded the motion. Vote on the motion: Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes. Vote on the Ordinance: Mrs. Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes. Ordinance 87-00 — An Ordinance Authorizing the City Manager and Director of Finance to Sign the Final Resolution, Contract and Fiscal Officer Certificate and Escrow Agreement with the Ohio Department of Transportation for the Rings Road Bridge Reconstruction and Widening Over I-270, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Hansley noted that staff requests adoption by emergency and to dispense with the public hearing. Mayor Kranstuber moved to dispense with the public hearing and for passage by emergency. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mayor Kranstuber, yes. Vote on the Ordinance: Mr. Peterson, yes; Mr. Reiner, yes; Mr. Adamek, yes; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Boring, yes. INTRODUCTION & PUBLIC HEARING — RESOLUTIONS Resolution 32-00 — A Resolution Urging the Director of the Ohio E.P.A. to Include in Any Permits to Install Alternative Wastewater Treatment Systems Issued within Central Ohio, Terms and Conditions to Ensure Adequate Stability and Oversight of the Systems. Mayor Kranstuber introduced the resolution Mr. Hansley stated that staff is recommending adoption in response to a request for support of this legislation from the City of Columbus. Columbus has experienced development in the western area of the Darby watershed area where the City is encouraging developers not to consider land -applied effluent system disposal methods. MORK and the City of Columbus are anticipating support of this legislation throughout the Central Ohio region. RECORD OF PROCEEDINGS .v�,.�.,m�..,w.m.....,_...,...._�..�.....�...��u,Mi.1eSoof_ u,_erow..,....,...,... M_ -tauctg ..m .�w.� .. Dublin City Council Meeting Page 12 Vote on the Resolution: Mayor Kranstuber, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes. OTHER Waiver of Requirements of Tree Preservation Ordinance — Wyandotte Woods, Section 2. Ms. Clarke stated that this is a request for a waiver from the financial provisions of the tree preservation. The subject site is in the northeast quadrant, Section 2 of Wyandotte Woods, and is subject to the requirements of the tree preservation ordinance. It was zoned PUD and is subject to final development plan approval. The developer has asked for this waiver, and if it is not granted, he has indicated that the project will not go forward. The tree preservation ordinance calls for a replacement cost of $235,000 based on 66 lots. The staff believes that the ordinance has been very effective in terms of the placement of water and sewer lines so as to damage the least number of trees. In areas such as Wyandotte Woods where there is a fully wooded site, the ordinance presents a challenge and a burden upon the applicant. The staff has no objection to approval of this request, as outlined in the documents provided to Council. Mr. McCash inquired if a condition could be appended that would minimize the amount of impact the development would unnecessarily have on other trees. Mrs. Boring stated that, in previous requests, developers have been sensitive to Council's concerns and offered, at the minimum, a substantial fee in lieu of replacement or additional replacement trees. There has been no attempt to compromise in this situation. Charles Driscoll, The Edwards Land Company explained that the original plan included two cul de sacs that backed up toward the ravines with a lot of cut and fill on them. Those cul de sacs have been eliminated and more lots were placed along the main boulevard, saving a considerable number of trees. There are only 66 lots on 60 acres, and it is fully wooded. Some trees will necessarily have to be removed, but there is a much lower percentage of dwelling units versus the amount of land than normal. Ms. Chinnici-Zuercher stated that the Natural Resources Advisory Commission would not support granting of this waiver. Their position is that the City has an ordinance in place, but grants excessive waivers. A total waiver seems excessive. Many homeowners prefer trees on their lots, and would rather they not be removed during the construction phase. She is reluctant to approve a total waiver. Mr. Adamek asked if a tree preservation plan has been submitted. Mr. Driscoll responded that it would be submitted with the final engineering plans. Mr. Adamek indicated that he cannot support a blanket waiver. The City would thereby give up any recourse as to the layout of the subdivision, and which areas or which trees might be preferable to save. Previous requests for waivers have included maps of the targeted areas. This is a heavily wooded area, and he would like to have more information. Mr. Driscoll stated that staff has walked the site with them, and he believes that staff would concur that the large trees are distributed throughout the entire area. Moving the roads one way or another will not save additional trees. Mr. McCash suggested that the application could be approved with the following amendment: that the waiver applies only to utility and street installation and to the development of the lot, to the extent that removal is necessary for the construction of a home on the site; and that there be no grading on the sites which would detrimentally affect the viability of the remaining trees. Mr. Peterson inquired if a compromise could be reached, versus a total waiver. 4'4 i1h ill A RECORD OF PROCEEDINGS City Dublin Cit Council Meeting Page 13 Held June 5, 7000 (YEAR) Mayor Kranstuber proposed that consideration of the request be delayed to allow staff to negotiate this with the developer. Mr. Hansley concurred. He pointed out that Council could consider requirement of an appropriate payment to the land acquisition fund, which would accomplish part of Council's goal. Staff could negotiate the agreement, based on direction from Council tonight. Mr. McCash moved that the request be referred to staff to develop a satisfactory agreement, taking into account the discussion that has occurred tonight. Ms. Chinnici-Zuercher seconded the motion. Vote on the motion: Mr. Reiner, abstain; Ms. Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Council Round Table/Committee Reports Mr. Peterson noted that he received a memo from staff providing an update on the Historic Dublin project review. He inquired about what action will follow. Ms. Grigsby stated that staff reviewed the list and identified the items that could be completed within three months. Mr. McDaniel participated in that meeting and will review the results. Mr. McDaniel added that staff has categorized the items as comprehensive and long term, and immediate and short term. A financial analysis of the recommendations is currently underway and will be forwarded to Council when completed. Mayor Kranstuber pointed out that Council has neither accepted nor rejected the various proposals in the report. Staff was to provide a comprehensive analysis of the report and proposals, which were then to be reviewed at a Town Meeting with Council. He is concerned that staff is moving forward without input from Council. Mr. McDaniel clarified that staff has recommended appropriate actions to provide Council some basis for making decisions. The simple, maintenance type items will be acted upon immediately; those with higher cost and long term implications will be studied further and reviewed by Council. Ms. Chinnici-Zuercher inquired about the status of items which are clearly the City's responsibility, i.e., clean up and maintenance of public lands and facilities. Mr. McDaniel confirmed that staff is taking action. There has long been confusion about maintenance expectations in Old Dublin. Staff has conducted a thorough evaluation of that area in the last two weeks, and with the City Manager's approval, his department will be moving forward. They will not initiate expensive projects until such time as Council has approved the plan. Mr. Reiner thanked Ms. Puskarcik for excellent management of the City activities at the recent Memorial Tournament event. Mrs. Boring requested the following items: 1. Staff response to a letter from a resident of the Villages at Inverness requesting that the property at 3865 Bright Road be mowed. The citizen has complained that the City serves notices, but does not follow through on mowing. 2. Staff response to a complaint from Mrs. Hill of Summitview Road regarding AEP's recent cutting of trees along the roadway, including a large tree on her property. Mrs. Hill requests the City's assistance in obtaining a suitable replacement of that tree. Mr. Hansley noted that AEP was probably cutting within the right-of-way or existing electric easement, so they have a right to crop or remove the tree. Normally, they obtain sign -off from the property owner before proceeding. 3. She noted that the trees and brush screening the water tower were also cleared RECORD OF PROCEEDINGS Dublin City Council Meeting Page 14 UAYTON LEGAL BLANK. INC.. FORM NO. 10148 Held June 5, 2000 (YEAR out. Is it appropriate to ask the City of Columbus to replace some of this screening? Mr. Hansley responded that City staff can forward the complaints to both AEP and the City of Columbus Water Department, but Dublin has no power to initiate any corrective action. Mrs. Boring asked that a staff member convey this to the resident. 4. In response to a resident's complaint, inquired about the work on the sewer line along Riverside Drive and whether residents could tap in. Mr. Kindra explained that a pressure line is being installed and it does not serve that purpose. He added that subsequent to Ms. Grigsby's phone response to the resident, staff has also sent a letter. 5. Pointed out the invitation from Martin Marietta Aggregates to the Columbus Red, White and Boom event. She attended this event last year and it was very enjoyable. Ms. Chinnici-Zuercher: 1. Reported that on June 20, Nationwide, MORPC and COTA will host a reception and dinner to discuss traffic congestion issues. She plans to attend. Mr. Stevens indicated he also would attend. 2. Noted the upcoming workshop on Stormwater Phase II. 3. Asked if anyone on staff attends the meetings of the Solid Waste Authority. Mr. McDaniel attended the recent meeting and will provide a report to Council. 4. Noted that she has been appointed to the Community Risk Panel, an outreach of the Columbus Health Department to identify and address health and environmental risk issues. 5. Reminded Council of the need to schedule a workshop to discuss a Council communication plan, as discussed at goal setting. 6. Asked about staff response regarding enforcement of the two-hour parking limitation in Old Dublin, per Council's direction at their June 5t' meeting. Mr. Stevens responded that Chief Geis does have a report and will fax that report to Council tomorrow. 7. Noted that the annual report of the Natural Resources Advisory Commission indicated they had accomplished a significant agenda in their year of existence. However, the Parks and Recreation Advisory Commission minutes state the Commission's suggestion that Council should be more visible at community events. She asked for clarification from the staff liaison. Mr. McDaniel stated that the comment was meant to indicate that the Commission itself would like more interaction with Council. 8. Noted that the dinner events hosted by Council at the Tournament were very nice and she received many positive comments from those who attended. Mr. McCash asked about the status of the proposed ordinance regarding outdoor seating. He continues to receive calls from residents about this matter. He requested that staff provide a memo to Council on this item. Mr. Kindra noted that he would relay this request to Ms. Clarke. The workload and loss of Planning staff has affected the response on some items. Mr. McCash noted that the last correspondence he received on this matter was from the Law Director's office to the Planning Department. Legal review is completed, but it has not yet been scheduled on a Planning and Zoning Commission agenda for a hearing. Mr. Adamek noted: 1. He has been contacted by a resident of Erin Isles regarding the Coffinan Road fencing. Mr. McDaniel responded that he has left messages for that party to update them on the status. There are two issues involved: (1) the repair of the fence damage as a result of construction; and (2) the overall poor condition of the 17 -year old fence. A painter has refused to work on it because it is rotted and the painting cannot be guaranteed. He is reviewing the deed restrictions to determine ownership of the fence, as the cost to repair/replace it would be approximately $20,000. 2. Reminded Council of the Public Services committee meeting next Wednesday at 7:30 p.m. in Council Chambers. RECORD OF PROCEEDINGS Miaca.iitcs-'ro.. ::�..�,���.�..��v�,�;�„�w..�� Dublin City Council Meeting Page 15 Held Tine 5, 2000 , (YEA] Mayor Kranstuber: 1. Reported that he recently contacted Ms. Puskarcik regarding the Community Survey. She is developing a condensed version that can be shared with other entities. 2. Inquired about the scheduling of the town meeting for discussion of the Historic Dublin Revitalization Task Force report. 3. Inquired about the status of the design review ordinance. The direction at goal setting was that it be completed within 45 days. Mr. Kindra responded that the planner in charge of that project has left the City, and there is not a staff member available to work on this. He will check with Ms. Clarke regarding a revised timeline for the project and report back to Council. 4. Asked Ms. Puskarcik if September would be the best time in which to schedule discussion of the Council communications plan. Ms. Puskarcik agreed. 5. Noted that the municipal outdoor pool is now open, and the water slide and new additions are much appreciated by the patrons. adjourned the meeting at 10:20 p.m. r — Presiding Officer Clerk of Council