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HomeMy WebLinkAbout02/02/2004 III RECORD OF PROCEEDINGS Minutes of ..... Dublin-City-Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 20 Held Mayor Chinnici-Zuercher called the regular meeting of Dublin City Council to order at 7 p.m. on Monday, February 2,2004 at the Dublin Municipal Building. PLEDGE OF ALLEGIANCE - Ms. Salay led the Pledge of Allegiance. ROLL CALL Present were: Mayor Chinnici-Zuercher, Mr. Lecklider, Mrs. Boring, Mr. Keenan, Mr. McCash, Mr. Reiner and Ms. Salay. Staff members present were: Ms. Brautigam, Mr. Smith, Mr. McDaniel, Mr. Harding, Mr. Hammersmith, Mr. Hahn, Mr. Stevens, Ms. Crandall, Ms. Hoyle, Mr. Gunderman, Ms. Newcomb, and Chief Epperson. Ms. Heal arrived at 7:45 p.m. APPROVAL OF MINUTES Reqular Meetinq of January 5. 2004 Ms. Salay moved approval. Mr. Leckliderseconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes. Reqular Meetinq of January 20, 2004 Mr. Lecklider moved approval. Ms. Salay seconded the motion. Mr. Keenan requested a correction on page 10, paragraph 3, the word "no" should be corrected to "g", to read, "there are companies that provide this service at a cost." ...- Mrs. Boring requested that on page 10, paragraph 4, the word "residential" be added to read, "...the City of Columbus requires an inspection of the residential sprinkler system. . . " Mr. Lecklider amended his motion to accept the minutes with the corrections as noted. Ms. Salay seconded the motion. Vote on the motion: Mr. Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes. CORRESPONDENCE The Clerk reported that a Notice to Legislative Authority was sent by the Ohio Division of Liquor Control regarding transfer of a liquor permit from Big Bear Perimeter to Giant Eagle Perimeter. There was no objection to the liquor permit transfer. CITIZEN COMMENTS Bill Yoder, 5661 Wilcox Road, stated he was informed that tonight Council would be discussing the rezoning process which involves his neighborhood. Almost two years ago, his neighborhood was notified that the City was reclassifying the properties within that neighborhood to a parallel City zoning classification. However, the new zoning classification, Rural, was not parallel to the existing township zoning of R1 B. In addition, spot zoning was to be included within the neighborhood, which would allow negative uses that were not formerly permitted, such as: roadside truck sales, storage -. and processing facilities, crematory mausoleums, cell tower communications installations, kennels, animal hospitals, veterinary offices, mobile homes, guest houses, farm tenement/labor quarters, retail sales, garden supply nurseries and greenhouses. Those uses are not appropriate in a residential area. Other area properties next to the new proposed Rural zoning were to be placed in a category which would take away many of the rights to use the land as it had been used under the Washington Township zoning. The new Residential R1 zoning reduced development densities by a third, eliminated existing agricultural uses from most properties, and changed setbacks, lot widths and development standards to be much more restrictive. This would be a massive neighborhood rezoning. Consequently, on April 8, 2002, his neighborhood presented a petition to Council that direction be given to staff to reconsider the proposed zoning. (Mr. Yoder distributed a copy of the petition to Council.) Council directed staff to meet with the residents with the u , I:' I ,;i ,...,,, ",,,,:: Iidll'.'II:;I ,:.: I I RECORD OF PROCEEDINGS Minutes of .Dut?JjIL-Cl4LGouncil Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 Page 2 Held 20 understanding that changes might be needed in the Code to align the zoning with the existing township zoning. City staff held several meetings with the neighborhood residents in an attempt to work out the differences. A 1974 City ordinance required ,-.... newly annexed properties to be reclassified to the Dublin zoning classification that most closely approximated the former township zoning. The residents requested staff to place the neighborhood into a PLR or PUD, which could be made to match the township zoning as closely as practical. This would more closely comply with the intention of the 1974 law. It would also be consistent with the other existing PLR's and PUD's in the area, and would not require any changes in the Dublin Code. The PLR or PUD could be crafted in such a way as to provide for the agricultural uses that existed in the prior Washington zoning classification, yet not allow any of the negative uses of the Dublin Rural zoning text. The property values and rural character of the neighborhood would be protected. This would be a different zoning for the neighborhood than depicted on recent zoning maps, but where did the new designations on the proposed zoning map originate? The first zoning map he was given was labeled "draft," and the residents were never notified of a public hearing on rezoning the neighborhood. The residents believe the original zoning should be honored, not a draft map with an errant zoning classification. To say that this reclassification is a simple housekeeping procedure is misleading - it is a massive zoning reclassification, with significant impacts on the neighbors and on the properties. In response to Council's 2002 direction, the residents have worked with City staff and believe a resolution is near. They are awaiting the last staff review before seeking final neighborhood approval. He requests that Council permit the process begun with the residents two years ago to reach its final resolution. ...- Mayor Chinnici-Zuercher stated that this subject is listed later on tonight's agenda under "Other." The City Manager will report on questions that have arisen with the Planning and Zoning Commission. Mayor Chinnici-Zuercher stated that Mr. Hale had previously requested that the UDF topic be moved forward on the agenda. Dublin resident, Mr. Sirnbrich, has also indicated an interest in addressing that topic. Because Mr. Hale no longer intends an early departure, she will not move that agenda item forward, if Mr. Sirnbrich is agreeable. Mr. Sirnbrich indicated that he was agreeable. LEGISLATION SECOND READING/PUBLIC HEARING - ORDINANCES COMPENSA TlON PLAN Ordinance 01-04 (Amended) Amending Certain Sections of Ordinance No 98-96 (Compensation Plan). Mr. Harding noted that Ordinance 01-04 was introduced at the January 5th Council meeting, and Council referred it to the Administrative Committee for review and recommendations. The Administrative Committee met on January 14th, and the Committee's recommendations are attached to the ordinance cover memo, which is included in Council's packets. ..---. Mr. Harding noted that the Committee concurred with staff's recommendations on all points, but two, and have recommended amendments to: (1) the proposal to provide partial personal, sick, and vacation benefits and longevity pay to part-time permanent employees, and (2) the temporary work assignment provision. At the Committee meeting, staff withdrew the proposal for personal, sick, vacation and longevity pay benefits to permanent part-time employees and recommended the provision of 32 annual hours of paid time off for permanent part-time staff, to be used for any reason. That benefit would be provided to permanent part-time employees who worked a minimum of 1,040 hours the previous year. Regarding the second amendment: the present City policy states that if an employee is required to perform the duties of a higher job classification for more than five days, that individual will be compensated with a pay supplement retroactive to the first day they began to perform those additional duties. However, the Administrative Committee recommends the threshold "I 1:" 'n"I:,",' mal, }ll:J " ..1 I. j,!,1 I l Ll,;)d!J': Fi~I:"di1td!!_U:ti+HIElii:H!'HFii/1Hikt0~liliiF'< mi'f,I_!dij~HH,+'~,:"l:i, IilE, , I RECORD OF PROCEEDINGS Minutes of DL1ttlin-Ci4L-CollfiCil- Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 Page 3 Held 20 for that policy be increased from five days to ten days and retroactivity to Day One would not be automatic; it would be at the discretion of the City Manager. -. Mr. Harding noted that an additional revision is requested, which has been included in Section14 of the amended ordinance. Following the January 14th Administrative Committee meeting, staff became aware that the most senior permanent, part-time employee was unable to meet the requirement of 1040 hours in year 2003, due to circumstances beyond his/her control. Therefore, staff requests that in year 2004 all permanent part-time employees be awarded the 32 hours of paid time off, irrespective of the number of hours worked in 2003. The condition would be implemented in January 2005. Mr. McCash, Administrative Committee Chair, noted that this ordinance was referred to Committee review due to the number of significant changes proposed; however, most of those changes have been removed from the proposed ordinance. Mayor Chinnici-Zuercher inquired if there was Committee discussion regarding the effect of the pay grade upgrades on other employees. Will these upgrades result in other reclassifications? Mr. McCash stated that Mr. Harding explained to the Committee that reclassifications to higher pay grades do not occur arbitrarily. If the job duties and responsibilities have increased over time, the supervisor submits a request to Mr. Harding that the job be re-evaluated to determine if the job should be reclassified to a higher pay grade. "..-. There were no further questions. Vote on the Ordinance: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. BOARD/COMMISSION RESTRUCTURING Ordinance 04-04 (Amended) Amending Sections 32.60 through 32.61 and Repealing Sections 32.50 through 32.55 of the Codified Ordinances of the City of Dublin, Combining the Duties and Functions of the Natural Resources Advisory Commission and the Community Services Advisory Commission into a Newly Configured Community Services Advisory Commission. Ms. Brautigam 'noted that at the January 5th meeting, Council requested a few changes, which have been incorporated into the revised ordinance. One of those changes was to add some of the duties of the Natural Resources Advisory Commission. In addition, when the ordinance was originally written, two sections were inadvertently left out. A Council member noted this omission, and Section 3 A, B, and C are also included in the revision. Mrs. Boring inquired if the title was also amended. - Ms. Crandall responded that the version which the Clerk has prepared for signature tonight amends the previous "Amending Sections 32.60 through 32.65..." to "Amending Sections 32.60 through 32.61... " Mr. McCash inquired if the current members of the two commissions would serve on the combined commission with a re-assignment of term expirations. Ms. Crandall responded that Council would need to determine if they desire to appoint the members of the two absolved commissions to the new commission. If so, that appointment would occur with a separate resolution. Vote on the Ordinance: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, no; Mayor Chinnici-Zuercher, yes; Mr. Lecklider, yes. 1 1 I "I I , :1i~t.:I::i!:I:<::} IIUU!(iPk! I , i ! I RECORD OF PROCEEDINGS Minutes of .DuiJlin,CiiY'-C.o.unciL Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 Page 4 Held 20 INTRODUCTION/FIRST READING - ORDINANCES ECONOMIC DEVELOPMENT AGREEMENT ~ Ordinance 06-04 Authorizing the Execution and Delivery of an Economic Development Agreement Between the City of Dublin and CoreSource to Induce a Relocation of its Operations to the City in Order to Increase Employment within the City. Mr. Stevens requested Ordinance 06-04 not be introduced at this time and that the first reading be re-scheduled for the next Council meeting. On Friday, he spoke with a representative of CoreSource, and became aware that changes to the agreement were necessary. Council action should be deferred until a revised agreement has been prepared for Council's review. Mayor Chinnici-Zuercher stated that the first reading of this ordinance would be scheduled on the next meeting agenda. CODE AMENDMENT Ordinance 07-04 Amending Chapter 151, Flood Control, of the Dublin Codified Ordinances Regulating the Basis for Establishing the Area of Flood Hazard, and Declaring an Emergency. Mr. Lecklider introduced the ordinance. - Mr. Hammersmith stated that the staff report explains the purpose of the amendment. Mr. Lecklider inquired what the practical effect of the amendment would be. Mr. Hammersmith responded that it would put the new map into effect. If not enacted, the residents' flood insurance rates would be negatively impacted. Mr. Lecklider inquired if the revision reflects a recession of the floodplain. Mr. Hammersmith indicated that the alignment of the floodplain has been adjusted as a result of recent studies. The adjustment favorably impacts property owners. Mr. Keenan inquired if there were no negative changes that staff can ascertain. Mr. Hammersmith affirmed there were none. Mr. Reiner moved to dispense with the public hearing and treat this as emergency legislation. Mr. Keenan seconded the motion. Vote on the motion: Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mr. Lecklider, yes; Mrs. Boring, yes. Vote on the Ordinance: Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. - McCash, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes. INTRODUCTION/PUBLIC HEARING;~..RESOLUTIONS RESOLUTION OF INTENT Resolution 04-04 Intent to Appropriate a Combined 0.513 Acre, More or Less, Fee Simple Interest and a Combined 0.096 Acre, More or Less, Temporary Construction Easement, from Richard W. Anderson, Located West of Wilcox Road, City of Dublin, County of Franklin, State of Ohio. Ms. Salay introduced the Resolution. I I I I ; i'WI::-i:,I: IIHlk i?l::llit I ,i.:; j .: , . .:::;;~_,":;;1Hf.ll::tAM'#liIUNd,j'itI&J:~1:",~J.I:kthUJllHi,iJitj:J';:jt;mmt:.!i:~~'1! JlIi;~'flil~t.; .; UH.Htr J: .::^'~IfHWI < I RECORD OF PROCEEDINGS Minutes of nil b lilLCity_CounciL Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 Page 5 Held 20 Mr. Smith stated that this is part of the Southwest Area Traffic Calming, Phase 3. The City had a right of entry to build the road. However, the City has been unsuccessful in negotiations with the property owner and must begin the - process of acquisition through eminent domain. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. McCash, yes. AGREEMENT Resolution 05-04 A Resolution Authorizing the City Manager to Enter into an Agreement with the Ohio Department of Transportation for the Purpose of Installing a Cable Barrier in the Median on Portions of 1-270 Within the Corporation Limits of the City of Dublin. Mr. Keenan introduced the Resolution. Mr. Hammersmith stated that this is consent legislation to allow ODOT to proceed with safety improvements to 1-270. The improvements will occur in the area between Trabue Road and S.R. 161. City approval is needed for the work within Dublin corporation limits, which would be the area between Tuttle Road and S.R. 161. Photographs have been included in the staff report to give Council an indication of the cable barrier's appearance. The median is approximately 32 feet wide. There has been a high occurrence of crossover accidents in this particular area in recent years, ~ and the cable barrier will help prevent similar accidents. Mayor Chinnici-Zuercher inquired if the barrier would be placed down the middle of the median. Mr. Hammersmith responded that the barrier is placed two feet off the paved shoulder, which will leave a two-foot strip of grass off the edge of the roadway. In Dublin, that would be to the left of the northbound lane. Mayor Chinnici-Zuercher stated that staff's memo indicates that installation of the cable barrier would be at ODOT's expense; however, any additional features would be Dublin's expense. She inquired if landscaping to camouflage the barrier would be desirable, or if the two-foot strip would be too narrow. Mr. Hammersmith responded that two feet would rather small, and OOOT would also require Dublin to maintain that area. The height of the barrier would be approximately 48 inches. Mr. Reiner noted that only one side of the barrier could be camouflaged. However, many states add landscaping to the medians, as it reduces eyestrain to the drivers, particularly at night. The light from headlights of oncoming traffic is significantly reduced. Although screening may not be required, it would be nice for Dublin to set a I'"'""- higher standard within its corporation limits. If Dublin were to landscape along the barrier, however, it would be necessary to select salt-hardy plants due to the road salt used in winters. Mrs. Boring inquired if staff could investigate the possibilities. Perhaps plant materials could be placed on both sides of the barrier. Mr. Lecklider stated that while he agrees that the barrier is unsightly, it is no more unsightly than the concrete barrier visible when proceeding north. The cost of maintenance is the real issue. He inquired if there is a greater incidence of automobile crossovers than truck crossovers. Would this barrier prevent a tractor- trailer crossover? I I i I Ii .i:hll'AII'i !iii ltl'llttll!H "i,iil,i!I,lil:HI"UIII:: I il+IlHlk J .",lxtU, I . II i i' I RECORD OF PROCEEDINGS Minutes of Dllblin City COI m.ciL Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 Page 6 Held 20 Mr. Hammersmith stated that while the barrier would eliminate automobile crossovers, it would only slow down a tractor-trailer. - Mayor Chinnici-Zuercher requested staff to investigate the potential cost of maintenance of such screening. Mr. Hammersmith responded that staff would investigate the cost and provide a report to Council at a later date. Mr. McCash inquired if it would be wise to take on this responsibility. There are guardrails along 1-270 within the City's corporation limits that Dublin isn't attempting to landscape. Why assume significant maintenance cost for a highway component? Mr. Reiner stated that he would be interested in looking into the possibility. Not only would it be screening a barrier, it would also be making a statement about the higher standards of Dublin. Mr. Keenan inquired if the consent legislation is in response to a request or a direction from ODOT. What is the level of authority? Mr. Hammersmith responded that ODOT requests the cooperation of local jurisdictions. He does not believe ODOT would proceed with the project without that consent. Vote on the Resolution: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, ..- yes; Mr. Lecklider, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. McCash, yes. OTHER . Fee Waiver Request - Dublin A.M. Rotary Club Ms. Brautigam stated that a fee waiver request has been received from the Dublin AM Rotary Club for use of the Dublin Community Recreation Center (DCRC) on Saturday, March 13 and Sunday, March 14. The Rotary Club hosts Rotary international exchange students overnight who come to participate in the St. Patrick's Day Parade. The fee waiver has been granted previously. The total value is $925. Vote on the request: Mr. Lecklider, yes; Mr. McCash, yes; Ms. Salay, yes; Ms. Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes. . Fee Waiver Request - Central Ohio Diabetes Association Ms. Brautigam stated the Central Ohio Diabetes Association has requested use of the DCRC's aquatic facilities to host their annual Swim for Diabetes Business Swim on March 5th and annual Swim for Diabetes on March 7th. This fee waiver has also been granted previously. The total value is $594.00. Mr. Lecklider inquired if any complaints have been received concerning use of the Rec Center pool for this purpose. Ms. Brautigam was not aware of any complaints. Vote on the request: Mr. McCash, yes; Ms. Salay, yes; Mrs. Boring; yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Lecklider, yes. - . Fee Waiver Request - Conditional Use Application - Dublin Schools Ms. Brautigam stated that Dublin COffman and Dublin Scioto applied for and received special permits from the Board of Zoning Appeals for the temporary use of portable classrooms. The following year, the City neglected to pursue the required annual permit renewals. This year, the City realized the oversight and requested the permit renewals. Although the schools have filed the appropriate documents, City staff recommends waiving the fee due to the fact that: (1) the oversight was the City's; (2) Dublin Jerome High School will open soon, and the portable classrooms will be removed; (3) this would encourage a good relationship with the Dublin Schools. Mayor Chinnici-Zuercher inquired if it is certain that the portable classrooms will be removed. II i I Hi!' n'I>'" IIIIW .,111'1 I j '!I .l..."I~1 ; ~"_~-'-'-_ .....:.:.~.:;jJLLJ;~-~~~;I;:>i_J;:_,j~lV4iJ;til'i:t;1~I!':j:h_ '.L 1I~.i!tlliljf4"H~lIitlH!i!tj;,.~!:~bJ#l:.:,t:;:~bt: : RECORD OF PROCEEDINGS Minutes of r1ublln-Ci4':-C-ounciL--.- Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 Page 7 Held 20 Ms. Brautigam stated that a condition of the permit is that the portable classrooms be removed when the permanent facility is completed. ,.,......., Mayor Chinnici-Zuercher noted that neglect of annual permit renewals for temporary structures has been a recurring problem. She suggested that a tickler file be established for this purpose. Mr. Gunderman responded that such a tickler file has recently been established. Mr. McCash inquired if the schools have acquired variances from the Building Code for accessibility and snow removal requirements. Students have complained about slipping on the stairs that have not been cleared. He clarified that a variance for Building Code requirements must be obtained from the State, rather than the City's Board of Zoning Appeals (BZA). Perhaps the Building Division could check to see if such variances were obtained; if not, the City could notify the schools of the Code requirements for snow/ice removal. Ms. Chinnici-Zuercher inquired if it were possible to obtain a variance not to clear steps. Mr. McCash stated that it would be possible to obtain a variance not to cover the steps. The Code requires that building steps be covered to minimize snow/ice accumulation. -. Vote on the request: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. . Formal Withdrawal of Development Plan/Conditional Use - Thomas Kohler PCD, Subarea E - United Dairy Farmers/Mobil Gas - 5565 Woerner-Temple Road (Case No. 01-088DP/CU) Ben Hale, Smith & Hale, stated that his client received Development Plan/ Conditional Use approval from the Planning Commission, but the case is currently in Common Pleas Court on appeal. His client has decided not to pursue that development and would like to formally withdraw their application. Mr. Smith noted that if Council formally accepts the withdrawal, the appeal will be dismissed and the issue dropped. Mark Birnbrich. 5768 Castleknock, stated that he is present tonight to formally thank those who have assisted the residents in their appeal. He presented a letter of thanks from the "Neighbors for Responsible Zoning" to each Council member. He expressed his personal thanks to Dublin City Council, City staff, and the Boards and Commissions for their leadership. He thanked the developer and his team who have been working with the residents in a spirit of true collaboration. Ms. Salay moved to accept UDF's request to withdraw their application. - Mr. Reiner seconded the motion. Vote on the motion: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. . Tree Waiver Request - NE Quad PUD Emerald Parkway Phases 5A and 58 Mr. Gunderman stated this request is similar to several previous tree waiver requests. It takes advantage of a policy City Council established which applies to well-wooded properties where it would not be practical to replace the trees on an inch-for-inch basis, as the ordinance requires. This project is a co-partnership between Sawmill Partners and the City to reduce the requirement to a tree-for-tree basis. This project is much larger than those dealt with in the past. There is more length to the roadway and includes a substantial area of trees. Although roadway design is not completed, I I 'I I I 'liJiii",,;; Ililll! lJl,d!d' I !',.J , ' II I :I RECORD OF PROCEEDINGS Minutes of Dublin-Cll~Co.uncil Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 Page 8 Held 20 there is a good tree survey for the project. City staff has developed estimates on the trees to be replaced or fee paid in lieu of. With the tree waivers, approval is given on a tree-for-tree, rather than inch-for-inch basis. He noted that in this particular case, - the calculations are not as solid as in most cases. Mr. Hale stated that the developer has been working with City staff a year and a half, and a development plan is proposed which will preserve most of the three substantial stands of trees on this property. Only those trees will be removed which are essential for the construction of roads. This meets the intention of the City's ordinance, which is to preserve as many stands of trees as possible. Mr. Lecklider inquired if the charts on the second page of the memo reflect tree-for- tree calculations. Mr. Hale responded that the non-Iandma.rk trees are calculated on a tree-for-tree basis, and the landmark trees are on an inch-for-inch basis. Mr. Gunderman agreed and stated that, using that calculation, the recommended tree replacement for this waiver would be for a total of approximately 672.5 inches. Planting 269 2-~ inch caliper trees or paying a fee of $67,250 or some combination thereof would accomplish that. Vote on the request: Mr. Lecklider, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash; yes; Mayor Chinnici-Zuercher, yes; Ms. Salay, yes. -. . Tree Waiver Request - Wyandotte Woods Boulevard Mr. Gunderman noted that the location of this road has been revised in an attempt to help preserve as many trees as possible. Although most of the development is located outside the treed area, a road remains through that area. Vote on the request: Mrs. Boring, yes; Mr. McCash, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes. · Appointment of Actina Clerk Mayor Chinnici-Zuercher stated that Ms. Clarke, Clerk of Council, will be on vacation Wednesday, February 4th, through Thursday, February 12th, and requests that Ms. Beal, Deputy Clerk, be appointed Acting Clerk in her absence. Mr. Keenan moved to appoint Ms. Beal as Acting Clerk of Council in Ms. Clarke's absence. The motion was seconded by Mr. Lecklider. Vote on the motion: Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mr., Lecklider, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Reiner~ yes; Mr. Keenan, yes. CITY MANAGER/STAFF REPORTS · Traffic Calmina Proaram Update -- Mr. Hammersmith stated that an updateon the City's traffic calming program was provided in Council's packets. The policy has been revised and updated into a program of education and enforcement before progressing to traffic studies and implementation of traffic calming measures. Staff requests that Council move this topic from CSAC assignment, where it was recently reviewed, to the review of City Council's Public Services and Community Development Committees. It was previously assigned to those committees, but they were waiting for the completion of CSAC review before scheduling a meeting. Staff suggests that the two committees meet jointly. Council consensus was that a joint meeting of the two committees be scheduled. I 1 I: I .I I" ; ,i INIL !41101 1 , ; 'i I I_I I RECORD OF PROCEEDINGS Minutes of D1lblin-Clty--Coundl Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 , Page 9 February 2,2004 Held 20 Mayor Chinnici-Zuercher noted that Ms. Heal had arrived. She stated that although Council has already approved the Diabetes Association fee waiver earlier on the agenda, Mr. Lecklider had inquired if the Rec Center had received any citizen ~ complaints about the use of the Rec Center pool for this purpose on this weekend. Ms. Heal responded that no complaints have been received. Their practice is to keep three lap lanes open for swimmers wanting to swim laps. COMMITTEE REPORTS/COUNCIL ROUNDTABLE . Area-Wide Rezoninas. Ms. Brautigam stated that at a recent Planning and Zoning Commission hearing of an area-wide rezoning, Commission members expressed lack of understanding regarding the southwest area rezoning. The history on the subject is that, in response to a proposed rezoning of their neighborhood, the residents of the southwest neighborhood attended the April 2002 City Council meeting. The residents petitioned Council to request staff to reconsider the proposed rezoning and meet with the neighbors to develop a zoning more suitable to existing uses on those properties. Staff met with the southwest residents and, as a result, the residents were asked to prepare their own planned district (PUD). Staff then reviewed the draft plan, requested revisions, and the neighborhood submitted a revised PUD. This was, however, a unique process. Typically, staff identifies the most appropriate zoning category for a property, and in general, the rezonings occur with little objection. Because the rezoning process was different with this neighborhood, Planning Commission is cautious. Their direction appears to differ somewhat from Council's direction for this case, and some questions have been raised: (1) Should the process -- be separated, with the area-wide rezoning occurring at one meeting and the planned district (PUD) review at the following meeting; (2) Should the City co-sponsor the application for the neighborhood PUD, or should the neighborhood be the sole applicant? Staff requests Council's clarification of the process before proceeding. Ms. Salay stated that as Mr. Yoder indicated, in April 2002 City Council agreed that the process described above should occur. The neighbors have worked for two years on this process, and the following issues exist: (1) the neighbors petitioned Council at the first reading of the rezoning for changes; (2) the Rural zoning is inappropriate for this neighborhood, as it would allow many new and objectionable uses; (3) the character of the area is different and does not fit into any other standard Dublin zoning category. For example, there are some single-family properties along Rings Road that have stables with horses at the rear of the properties; (4) making the properties non-conforming would lower their property values. A planned district (PUD) resolves the situation. The allowable uses are defined; this protects the neighbors and the property values are preserved. For a homeowner to subdivide his land, the property would have to be rezoned from the PUD to another category. This would also give the City more control over its future use. She requested that the meetings with the residents continue. If there are any issues, she is unaware of them. Staff's reports with regard to the other area rezonings to Council have been that, although neighborhood attendance at meetings has been poor, the issues are being resolved. She suggested that if issues should arise with other area-wide rezonings, Council ~ should consider working with those residents similarly to the southwest neighborhood. This has been an effective process for achieving both the neighborhood's and the City's goals. Mayor Chinnici-Zuercher requested that Mrs. Boring report on the discussions that have occurred on this subject at Planning Commission. Mrs. Boring stated that area-wide rezonings have been a difficult and time-consuming issue. With each rezoning, the lengthy process begins again. There are always residents who suspect the City's process, and staff must then educate the residents on the fact that this is a simple, housekeeping issue with no negative impact to the property owners. At times, the process has become particularly difficult because the residents raised hard questions. However, the Commission's direction to residents , 1 I" I I I II " mllH V'!!t!IIW I I'I 1 ,1..11.1 RECORD OF PROCEEDINGS Minutes of DubhCit,-Co.uncil Meeting DAYTON LEClALBLANK, INC., FORM NO. 10148 February 2, 2004 Page 10 Held 20 has been that they may return rJquest a rezOning. In order to accomplish the goal of a City-wide zoning map, the process must continue. However, the Planning Commission concluded that, in order to handle the area rezonings consistently, the -- planned district (PUD) should be handled separately. Mr. Gunderman stated that Mrs. Boring's summary is correct. Staff's goal was to ensure that documentation existed for the zoning that has been assumed existed on these properties for quite some time. Some of the difficulty encountered was due to the fact that the Planning Commission was composed of new or nearly new members. Although they did not have the comfort level that the previous Planning Commission had with area-wide rezonings, the issues involved with the previous rezonings were simpler and more easily addressed. It was understandable that Planning Commission was concerned. They were concerned that the City was extending favors to one part of the City, but not to another. The question also was raised, if the planned district application is separate, would the application fee be waived? Ms. Salay stated that the properties in the southwest are single-family, large lots, and the township zoning permits lots of that size to have large animals. There is no similar category in the City Code. Mr. Gunderman stated that is true. The southwest properties do not have a zoning that parallels a City zoning category. Originally, staff considered dividing the property into two categories - Rural and R1. It soon became evident that was not an equitable resolution; a customized solution was the only answer - a planned district. Subsequently, lengthy meetings have been held, and progress has been made on - developing a suitable planned district. Mayor Chinnici-Zuercher stated that the issue before Council is whether the Planning Commission should hear the area-wide rezoning first, and the planned district application second, with the neighborhood and City as co-applicants. Mr. Gunderman inquired if the PUD remains a neighborhood application, does Council intend to waive the fee? Mr. McCash inquired if the straight rezoning occurs first, the PUD rezoning second, is there the danger that an application for one of the undesirable uses in the first category apply in the interim? Mrs. Boring stated that Planning Commission's intention was not to include Mr. Yoder and the other affected properties in the area-wide zoning. Their properties would undergo only the PUD zoning. Mr. Gunderman concurred that was the Commission's intention. Mr. McCash stated that it appears reasonable to keep them as status quo while the area-wide zoning is occurring; however, would it be easier to create a new zoning classification for these 5-acre and 1 + acre parcels, with the uses defined as desired? Are the parcels contiguous? -. Mr. Gunderman stated they are contiguous. Mr. McCash stated that, typically, if a change is desired in a PUD, the property is not rezoned -- a minor text revision occurs. It would not be desirable to have many different subsets. Mr. Gunderman stated that is a concern, but staff believes the PUD planning has progressed significantly with the neighborhood, and at this point, it would be simpler to handle the issues involved with the PUD. The intention is to make a set of standards that will read more like a zoning district than previous PUD's have had. I I I I I.. IllTUi ,.;.,"'Ji, I I: 1'1 i RECORD OF PROCEEDINGS Minutes of Dubli~Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 Page 11 Held 20 Mr. McCash stated that he understands what could be handled via the text, but there is the procedural issue. How will modifications and variances be handled? Is this being handled in the manner easiest for the property owners in the future? .-.-.... , Mr. Gunderman stated that staff has considered those issues, and have found practical solutions for all of the associated scenarios. They believe the concerns can be handled with the planned district. Mr. McCash stated that the Development Code Revision Task Force addressed the PUD process. Is the current proposal consistent with the recommendations of that body? Mr. Gunderman stated that most of the proposed legislation is consistent with the current PUD process. Mr. McCash's concerns are reasonable, and these issues have been considered by staff with the conclusion that they would like to continue to pursue the PUD process. Mayor Chinnici-Zuercher stated that the first question is if the area-wide rezoning and the PUD can be handled separately. Consensus of Council was to exclud~ the Rings and Wilcox Roads property owners from the southwest area-wide rezoning (Ordinance 47-02) underway and to handle those properties in a separate zoning. Mayor Chinnici-Zuercher stated that the second question is whether the neighborhood ...- will pursue the application process with fees, or will the City be a co-applicant, in which case the City would not pay fees to itself. Mr. McCash stated that the City began the entire process and should not charge the residents. Consensus of Council was that the City and property owners would sponsor a joint application for a planned district; as such, there will be no related application fees. Mr. McCash referred to earlier references regarding the City's zoning map. Is there such a map that is available to residents? Mr. Gunderman responded that there is a draft document, which is being updated as each of the area rezonings has occurred. It is a solid document with only one or two areas on which some research remains to be completed. When those questions are resolved, the document will be available to the public. There is also a map on GIS, but the first document is more accurate. Mr. Keenan stated that the practice of Washington Township is that all zoning changes are made by resolution, then the Township zoning map is revised, signed, dated and distributed to the public. Mr. McCash stated that he has not seen a copy of Dublin's zoning map since the early 1980's. ,.--, Ms. Chinnici-Zuercher requested that copies of the draft zoning map used by staff be provided in Council packets. Mr. Gunderman will do so. Mrs. Boring inquired if the southwest area was part of the earlier merger. Mr. Gunderman stated that he is not aware if it was part of the merger. Mrs. Boring inquired if other area-wide rezonings have occurred in that area. , , . RECORD OF PROCEEDINGS Minutes of ~~.y-CG6Iflcil Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 Page 12 Held 20 Mr. Gunderman stated there have been no others. Mrs. Boring inquired if other township zonings exist that will have issues similar to r- those currently under discussion. If so, perhaps it would be easier to have a zoning classification that all these parcels would fit in. Mr. Gunderman stated that although staff is unaware of any other areas with a township zoning, there may be one or two that research will reveal. COUNCIL COMMITTEE REPORTS/ COUNCIL ROUNDTABLE Ms. Salav: 1. Inquired about an update on the DSL agreement. Mr. McDaniel stated that a draft agreement is nearly completed, which he anticipates will be circulated to DSL by February 20th. All changes incorporated in the agreement have been previously discussed by Council. There will be nothing new in the agreement. 2. Thanked Council for the Graeter's ice cream coupons for her birthday. Mr. Reiner: 1. Inquired about a meeting date for the Traffic Calming discussion. Ms. Brautigam stated that the US 33/NW Corridor discussion is scheduled for the February 9th Study Session. The Traffic Calming discussion could also be scheduled on that agenda. Consensus of Council was to include the Traffic Calming discussion on the February 9th Study Session agenda. .....- Mrs. BorinQ: 1. Requested that the Jenmar Court Noise Study be presented to Council before it is available to the public, perhaps also on February 9th. Ms. Brautigam stated that because that discussion should be substantially shorter than the two Study Session topics, it could be scheduled on the February 17th Council meeting agenda. Council concurred. Mr. Lecklider inquired if special public notice should be given regarding the Study Session. The Clerk will take care of public notification through the local papers and the City's website. 2. Encouraged Council to attend the public meetings on February 18, 24 and 25 regarding the water/sewer subject. 3. Noted that Mr. McDaniel has advised that it will not be necessary to appoint a Childcare Advisory Task Force this year. The Rec Center staff will update the local childcare directory online. 4. Inquired why copies of a Community Event permit were included in the packet. The Clerk stated that the information was forwarded from Community Relations and it - was assumed to be packet information. Mr. McCash: 1. Referred to a "Letter to the Editor" from a citizen who was charged higher than the City's negotiated natural gas aggregation rate. Mr. McDaniel stated that those residents who have already selected a choice program were not notified of the City's new choice program. He has contacted the resident and encouraged her to request IGS to include her in the City's new choice program as soon as possible, either' by terminating her present program, or when it expires. I I i .1 t i --J RECORD QF.PRQCI;I;PIN<:.;S Minutes of D u b-1trrGi-ty-Getfficil- Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 Page 13 Held 20 Mr. Keenan: 1. Inquired who was sponsoring the public meetings on the water/sewer program on February 18, 24, and 25. r- Ms. Brautigam stated that it would involve a coordinated effort of staff - Engineering, Finance, and Ms. Crandall from the City Manager's office. Mrs. Boring stated that this is an attempt to educate homeowners in unserved areas of the City of the potential cost of water/sewer connection, regardless of the City's commitment. Mr. Lecklider: 1. Recognized Ms. Grigsby and her staff for receipt from the Government Finance Officers Association of a Certificate of Achievement in Excellence in Financial Reporting for the Comprehensive Annual Financial Report for Fiscal Year ending December 31,2002. 2. Referred to a letter provided in Council packets suggesting the renaming of Downpatrick Road to Old Abbey Street or Lower Abbey Street. He inquired if Chief Epperson and Mr. McDaniel had any objections. Chief Epperson and Mr. McDaniel had no objection. Following discussion, Mr. Lecklider volunteered to discuss the suggestion with Eric Kerchner, Abbey Theater supervisor, to obtain his recommendation. Mayor Chinnici-Zuercher: 1. Thanked Mr. McCash for preparing testimony for the 1/29/03 State Legislature Land Use subcommittee meeting. Although Council members were unable to attend - the meeting to testify, she requested that Mr. McCash submit the letter to the Legislature "for the record." Mr. McCash noted that he did not rec~iv~. responses from some Council members regarding the document, which he had forwarded by email. He was not comfortable with testifying at the State Legislature committee meeting without sufficient input/support from Council. However, he will submit the letter for the record. Mayor Chinnici-Zuercher urged Council members to read their email on a daily basis to respond to requests for input/approval. 2. Noted that Mr. Keenan will be recognized for 20+ years of service with Washington Township at an awards ceremony on February 17th. Therefore, he will be delayed in his attendance at the February 17th Council meeting. 3. Noted that she will be on a trip to Honduras at that time, and Vice Mayor Mr. Lecklider will officiate at the February 17th meeting. 4. Requested Council feedback on the draft summary of Council's Goal-setting Session on January 23rd to enable a final document to be completed. 5. Reported that she, Ms. Salay, Ms. Brautigam, Mr. Ciarochi, and Mr. ,.-... Hammersmith partiCipated in the NWCorridor Steering .Committee meeting hosted by MORPC on January 28th. Many of those in attendance disagreed with MORPC's report on the outcome of the meeting held in Hilliard on January 7th. Following discussion, recommendations for changes to the agreement have been made. It was made clear to the Columbus City CounCil members and staff who were present that the townships andthe cities of Hilliard and Dublin urg~d Columbus to respond to the recent input received by pursuing a different decision than originally had been indicated. The committee was unable to make a commitment about the time for the process. The Cqlumbus Development Committee had turned down the Plan the week before and had hot had an opportunity to discuss the next steps; that will occur within the next ten days. A committee has been established that will be composed of staff from the different municipalities, which will put all the community plans on the table and address mutual issues related to the traffic study. Mayor Coleman has recently I I ~ >1 I RECORD OF PROCEEDINGS Minutes of DubliJlCj4LGouncll Meeting DAYTON LEGAL BLANK, INC.. FORM NO. 10148 February 2, 2004 Page 14 Held 20 provided a "Set of Values," which will serve as a framework for that discussion. The process should not take more than 90 days. Their goal is to provide the various jurisdictions with a set of recommendations. ~ I 6. Noted that she attended Mayor's Court training this past Friday and Saturday; Vice-Mayor Lecklider will attend Mayor's Court training this coming Friday and Saturday (February 6-7). 7. Thanked Colonel Chris Cline for the opportunity to welcome the JAG group, which met in Dublin this past Saturday. This is the fifth year they have selected Dublin for their annual training session. 8. Referred to a request from casl for a letter of support from Dublin City Council for their request for a levy, which will be on the ballot for the March election. There was no Council interest expressed in a letter of support. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session at 8:30 p.m. for discussion of land acquisition matters. The meeting will be reconvened only to formally adjourn. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. McCash, yes; Ms. Chinnici-Zuercher, yes; Mr. Reiner, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Lecklider, yes. The meeting was reconvened at 9:30 p.m. and formally adjourned. ~a-~ Clerk of Council - I L