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HomeMy WebLinkAbout04/19/2004 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO, 10148 April 19, 2004 Held 20 ROLL CALL r- Present were: Mayor Chinnici-Zuercher, Mr. Keenan, Ms. Salay, Mr. Reiner, and Mr. McCash. Mr. Lecklider and Mrs. Boring arrived at 6:50 p.m. Staff members present were: Ms. Brautigam, Mr. Smith, Ms. Grigsby, Mr. McDaniel, Mr. Ciarochi, Mr. Stevens, Ms. Puskarcik, Mr. Gunderman, Mr. Hammersmith, Chief Epperson, Mr. Hahn, Ms. Lozier, Ms. Hoyle and Ms. Nardecchia. Mr. McCash moved to adjourn to executive session for discussion of personnel matters related to the appointment of board and commission members. Mr. Reiner seconded the motion. Vote on the motion: Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mr. McCash, yes; Mayor Chinnici-Zuercher, yes. The meeting was reconvened and called to order at 7:05 p.m. PLEDGE OF ALLEGIANCE Mindy Carr, Community Services Advisory Commission and Green Team Volunteer led the Pledge of Allegiance. APPROVAL OF MINUTES The Clerk reported that the minutes of the meeting of April 5, 2004 minutes were not yet prepared. Approval of the minutes was postponed until May 3. CORRESPONDENCE ~ The Clerk reported that a Notice to Legislative Authority was sent by the Ohio Division of Liquor Control regarding a transfer ofa liquor permit from Donato's Pizzeria Corp., 6810 I Perimeter Loop Drive to Donato's Pizzeria LLC at the same location. There was no objection to the liquor permit transfer. The Clerk reported that a copy of the formal withdrawal of objection to the permit transfers at the Bogey Inn was provided in the Council packet. Mr. Smith noted that, pursuant to Council's previous direction, staff has notified the Liquor Control division of the withdrawal of the objection. SPECIAL RECOGNITION Mayor Chinnici-Zuercher presented a proclamation to officials of Cardinal Health in recognition of their outstanding record of achievements, including being named by Fortune magazine as Ohio's largest company. Tony Rucci, Executive Vice President and Chief Administrative Officer accepted the proclamation on behalf of Cardinal Health and thanked City Council for this recognition. Alex Moiseyev, Checkers World Champion and resident of Dublin, was presented with a proclamation by Mayor Chinnici-Zuercher in recognition of his achievements at this world- class competition. Mayor Chinnici-Zuercher presented a proclamation to Dublin Coffman student Lindsay Robinson, who was recently named a Prudential Spirit of Community Award winner based on her efforts in founding a chapter of Habitat for Humanity at Dublin Coffman High School. - City volunteers Mindy Carr, Roger and Barbara Cottrell, and Collin Gravois accepted a proclamation recognizing National Volunteer Week, April 18-24. Mayor Chinnici-Zuercher read a proclamation in honor of Earth Week, April 18-24 and invited staff member Beth Lozier to present certificates and gifts to the student winners of the poster contest. Winners present were: Caitlyn Merzbacher, first grade winner, Eli Pinney Elementary; Alex Scarmuzzi, second grade winner, Thomas Elementary; and Prathamesh Kulkarni, fourth grade winner, Thomas Elementary. CITIZEN COMMENTS Wallace Maurer, 7451 Dublin Road. stated that at the last session, the protocol for his communication with a member of the governance of Dublin was agreed upon. He wants ~ , I I.. I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC,. FORM NO, 10148 pn '19, 2004 Held 20 , Mr. Maurer variously characterized that firing as improper, irregular, unjust, unjustifiable, and illicit. His question now is whether Council accepts or rejects, totally or in part, or agrees with or disagrees with any or all of those characterizations? r--, Mr. Smith responded that as a citizen, Mr. Maurer is entitled to his opinion. However, Mr. Smith stated that he believes the firing was handled properly, that the Administration did what was required, that the Acting City Manager acted properly, and that the support team acted properly. In that vein, he disagrees with Mr. Maurer's opinion. Mr. Maurer asked for the grounds of that propriety, because he demonstrated that the firing was not done according to the provisions for firing in the Revised Charter of the City. Mr. Smith responded that he does not intend to engage in debate about the legal ramifications of what the City did or did not do, or how they handled this personnel matter. Mr. Maurer stated that it appears to him that he is putting this into a situation of stonewall silence. He is not aiming to, and does not take any pleasure in winning a semantic debate. He is not going to the courts and wants to handle this between and among those who did this. Mr. Smith's response to his first question was not a response at all. He regrets this situation, because he has enormous respect for the Law Director's intelligence and insight. The Law Director, in essence, makes the law "come down" upon every conceivable situation that arises. However, Mr. Smith is not doing so in this case. He would like to talk with the Law Director one on one, but will not do so because his procedure has been and will continue to be that all parties know the same information at the same time. He will continue this dialogue at a future meeting. Joe Sanderlin, 5410 Haverhill Drive addressed Council regarding the recent removal and trimming of trees performed by AEP. He believes they are doing a disseNice to the environment, and wondered if the City has suggestions about how the trimming can be handled. He has heard comments that AEP has done this because of the recent blackout situation, but it seems hard to believe that the extent of tree trimming and removal was --. completely necessary. Mayor Chinnici-Zuercher asked that Mr. McDaniel talk with Mr. Sanderlin and explain the need for the tree trimming by AEP. LEGISLATION TABLED RESOLUTIONS BOARD AND COMMISSION APPOINTMENTS Resolution 12-04 Appointing Members to the Various aoards and Commissions of the City of Dublin. Mr. McCash, Chair of Administrative Committee reported that a copy of the proposed list of appointments has been provided to Council. He read the names into the record: Todd Zimmerman - four-year term on Planning & Zoning Commission Richard Taylor and Kevin Bales - three-year terms on Architectural Review Board Ray Harpham - three-year term on the Board of Zoning Appeals Thomas Merritt and Randy Roth - one-year terms on the Community SeNices Advisory Commission Bill Estabrook and David Cecutti - two-year terms on the Community SeNices Advisory Commission Todd Manifold, Melinda Carr and Richard Termeer - three-year terms on the Community SeNices Advisory Commission Craig Baldridge - three-year term as Council representative to the Dublin Convention and Visitors Bureau S. Kay Wilhelm - three-year term as Council representative to the Dublin Fund ~ Chris Curry - two-year term as City representative to the Dublin Arts Council Amy Edwards Taylor and Bridget Dritz - three-year terms on the Parks & Recreation Advisory Commission Bangalore Shankar - unexpired term of Brent Davis on the Board of Zoning Appeals, term which expires March 31, 2005 Keith Blosser - three-year term on the Board of Zoning Appeals Anthony Collins - unexpired term of Keith Blosser on the Parks & Recreation Advisory Commission, term which expires March 31, 2005 Alice Robinson-Bond - three-year term on the Personnel Board of Review Vote on the Resolution: Mr. Reiner, yes; Mr. Keenan, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. I. r 1,,1," 1';, :1:"'1,1111:,,1,,,1;1 ,WI,IiHIU,'kIH T-" RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO, 10148 Held 20 Resolution 18-04 Authorizing the City Manager to Enter into an Agreement with the Dublin Soccer League (DSL). ,.-- Ms. Brautigam stated that the agreement was reviewed in the study session, and based , on the discussion, a new section was added regarding the field fund and how that will be , , expended. No other changes were made to the agreement. , Mr. Lecklider suggested that, consistent with some previous discussion, Council consider modifications to Article V to address the issue of carding and non-carding. In his view, this agreement is designed to be an "umbrella" agreement with some flexibility. The details with respect to club soccer and middle tier programs, etc. are to be worked out in greater detail when those agreements are drafted. He suggests eliminating any references to "carding" in Article V. Ms. Salay indicated that she supports this. Ms. Brautigam stated that at the study session, she and Mr. McDaniel felt that there was not consensus about this change, and therefore it was not included in the amended agreement. Council may decide to approve a motion tonight to effect that change. Mr. Lecklider agreed that there was not clear consensus on this item, but this is his suggestion. If ultimately the middle tier program agreement allows for carding, limitations can be imposed within that agreement regarding the extent to which those teams could participate in tournaments. Mr. Keenan asked the staff for input. Mr. McDaniel explained that the reason he had asked for the language to be specific on the carding and non-carding issue is that in going forward to formulate the agreement with a middle tier organization, he wanted a basis from which to discuss and negotiate. ~ Leaving that open makes it more difficult, and he views this as a critical issue. Discussing the issue in the future at the time of an agreement with an MTO does not provide good policy direction from which to begin. Obviously, he will work under the parameters Council provides in this area. Mr. Lecklider noted that he is offering this amendment tonight after reflecting on the issues raised at the study session. Mr. McCash commented that he understands the various concerns expressed about the middle tier organization agreement. From his standpoint and from a general policy direction, if carding were part of that, he would like some limitations so that it does not become a club type program where recruitment issues could occur. There is a list of specific items/concerns from citizens that can be addressed in the middle tier organization agreement. Ms. Salay added that she would prefer that the issue of carding be silent in this umbrella agreement. When the middle tier organization comes together, at that point it can be identified whether the teams need to be carded or not. She was not satisfied after the study session that there is appropriate competition around the outerbelt for a middle tier team that is not carded. Leaving it open at this point would be desirable to her. Mr. Keenan commented that if staff is confident this can be addressed later, he can support the amendment. The recruitment issues are of concern to him. ...- Mrs. Boring stated that staff's recommendation was that absent a firm framework, negotiation is difficult. That was her understanding from the study session. Ms. Brautigam concurred that this was the staff's position. But Council may feel confident that in leaving this open, organizations may come forward with proposals, and that it can be addressed at that time. Mr. Reiner stated that staff has worked with these groups for years, and he supports the recommendations from staff. If a modification is needed in the future, it can be done at that time. Mr. McCash noted that there is no need to make a decision on whether middle tier soccer is carded or non-carded until proposals 90me in at a later date. Doing so now may limit the future proposals. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC.. FORM NO, 10148 Held 20 recommend it be non-carded, but if a majority of Council believes that leaving this open will provide more opportunity, they can make that change. r- Mayor Chinnici-Zuercher invited public testimony. , Wallace Maurer. 7451 Dublin Road asked for clarification of the phrase, "non-select." Are these teams composed of children who do not have to meet certain skill standards? Ms. Brautigam clarified that this classification requires no tryouts. Mr. Maurer asked if the City has liability for injuries incurred in these soccer programs. Ms. Brautigam stated that the City does not have liability. Mr. Maurer added that he is interested in the phrase, "to educate, especially youth, in proper moral values." However, there is not time to address the issue in this forum. Mayor Chinnici-Zuercher asked if there is a motion from the floor. Mr. Lecklider moved to amend the agreement as follows: 1. On page 5, Article IV, third line to indicate that the City recognizes two club soccer programs as opposed to two select soccer programs; 2. In Article V, the second line, regarding the middle tier soccer program, on page 6, third to last line, change the term "select" to "club." 3. Under Article V, second line, "middle tier soccer program is a ..." - delete the term "non-select" and in the next line delete "non-carded." 4. In the fifth line up from the bottom, replace "select" with "club." This creates consistency throughout the agreement. With these amendments, Mr. Lecklider moved adoption of the Resolution. Ms. Salay seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Reiner, no; Mr. Keenan, yes; Mayor Chinnici- Zuercher, no; Mr. McCash, yes; Mrs. Boring, no; Mr. Lecklider, yes. ~' (The motion carried by vote of 4-3.) SECOND READING/PUBLIC HEARING - ORDINANCES CODE AMENDMENT Ordinance 75-03 Amending the Dublin Codified Ordinances, Sections 153.050 through 153.058 - Planned District Regulations, and Section 153.234 - Procedure Regulations (Case No 03-013). Mr. Gunderman stated that a staff error was made and the correct version of the ordinance was not forwarded to Council in the packet. The draft in the packet was from the first reading and does not reflect the changes. Ms. Salay moved to postpone this until May 3. Mr. Lecklider seconded the motion. Ms. Brautigam stated that staff would also provide a redlined version to show the changes. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes. The ordinance was postponed for hearing until the May 3 Council meeting. REZONING Ordinance 118-03 Rezoning Approximately 24.3 Acres, on the Northwest Corner of Perimeter Drive and Avery-Muirfield Drive, Revising Subareas A1 and A2 of the Existing PCD --- Composite Plan. (Case No. 03-119Z - Riverside Hospital PCD, Subarea A) Mr. Combs stated that this ordinance requests rezoning of 24.3 acres at the southwest corner of Post Road/Avery Muirfield. The site is currently zoned Planned Commerce District and the request is for minor modifications to the existing text. The proposed changes would permit a variety of office and mixed-use elements for the site. He showed slides of the site, noting that to the north are institutional uses as part of the Indian Run Meadows PUD; to the south and west are other areas of the Riverside Hospital PCD; and to the east across Avery-Muirfield Drive are a variety of office and mixed commercial uses. The site is generally agricultural currently, and what is proposed is a total of three different subareas. He showed a slide delineating the three subareas. What is proposed with the rezoning is to divide current subareas A1 and A2 into subareas A1 through A3. These will consist of mixed use, neighborhood retail center in subarea 2. Subarea 3 will have provision for sit down or more formalized restaurants. A mix of different office and financial institutions will be throughout subarea 1. Currently, the two subareas within the RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INO" FORM NO, 10148 Pa-ge--s- Held 20 the most part, the proposed uses are intended to integrate with the financial and office- type uses within subarea A 1 and are intended to complement the surrounding area. The Commission reviewed this request on several occasions, and on March 4, 2004 they .,.--.. recommended approval with 12 conditions. They requested as part of the recommendation that the Commission review signage and odor control for the restaurants, i On March 18, P&Z reviewed those two items and recommended approval of the request with a modification to include five conditions instead of 12. In general, the architecture will be somewhat similar to Perimeter Center with a sign package that will complement that. What is proposed are a variety of wall signs for the various tenants that will face away from Avery-Muirfield. The other tenants and portions of the development will include ground signage. Wall signs will be 20 square feet and will also include a 4.5-foot projecting sign, similar to the existing centers. The other parcels within the development will incorporate a 50-foot ground sign that complies with Code. He showed a slide of the variety of signs to be used for the development and their location. Staff believes the proposed rezoning is generally consistent with the PCD. The Community Plan designated this area in particular as office with employment emphasis. The recommendation was carried through by the Planning Commission. They recommended approval with five conditions, Which are listed in the documents. Mr. Lecklider asked Mr. Combs to summarize the discussions related to odor control. Mr. Combs responded that the Commission had some general concerns with odor control and whether the types of restaurants incorporated into the development would create any offsite impacts, particularly for existing residential areas nearby - on the north side of Post Road as well as the subdivisions further to the north. Staff believes, based on their research, that there are not odor control measures, which can be taken that are economically feasible to facilitate complete elimination of odors. Given the physical layout of the property, the subareas proposed and the prevailing winds, staff indicated to the ~ Commission that they did not bel.ieve this would be. a significant issue. Another exhibit that was shownalso .indicflted the sikdo~n r~~tflurflntfl~~a~...?rd the.. bUffers that wou.ld provide distance between those uses and residential uses. After discussion by the Commission, there was no consensus on modifying the text regarding this issue. Mr. Lecklider noted that distances were measured in this review, but what relationship would this have to odors? Mr. Combs responded that staff considered the distances as well as prevailing winds from the southwest. Staff's position is that the odor control would not be a significant issue, based on their research. Mr. Lecklider asked if staff discovered if there are odor control devices practically in use anywhere? Mr. Combs responded that in general, for the most part, such devices do not provide complete odor control. For restaurants, .there is another issue of the types of mechanicals available and that creating a fire safety hazard. Based on the testimony, the Commission chose not to pursue this. Mr. Lecklider asked about the major distinctions between the existing zoning and that being requested. Mr. Combs responded that in the existing PCD, subareas A 1 and 2 provide for suburban office and institutional uses, financial and. banking institutions, and a variety of institutional uses including hospice and day care. The main distinction is that the proposed rezoning provides for a small neighborhood center, which would have a mix of retail. It does ~ provide for the two outparcel-type uses for sit down restaurants, and eliminates some of the institutional uses from the current text. Mr. Lecklider asked if there was some feeling that there is a lack of retail in this area? Mr. Combs responded that from staff's perspective, what is proposed are services and uses subsidiary to office use in this part of the City. There have been ongoing complaints about the fact that the lunch rush hour precludes access to many of the uses at that time of day, and that it is under serviced at this time. Given the surrounding land uses and what is proposed in the future to the west, staff believes this is an appropriate type of support use for the businesses and employees. Mr. Lecklider asked him to limit his response to the retail uses, not the restaurant use. Mr. Combs acknowledged that there is existing retail to the south in Avery Square and Perimeter Center, but the applicant felt there was a need for retail in this location. What is RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO, 10148 Held 20 , tenants within the center is a banking institution, and another is a restaurant type use - smaller, neighborhood type support services. -- Mr. lecklider pointed out that the renderings indicate 7 tenants, not five. Mr. Combs responded that the proposed layout provides for subdividing for up to 7 tenants in the building, but the target is five, according to the applicant. Ms. Salay asked about the substantive changes from May of 2003 to this point. Mr. Combs stated that there were substantial changes within the text. In terms of land use, there was little change. In general, the proposed uses were carried through - what was changed was the text, and the standards were worked out. Mr. lecklider asked for clarification - there could be 3 to 5 financial institutions within this rezoning? Mr. Combs responded that based on the subarea map, anything in subarea 1 could become a financial institution. The current zoning would allow for the entire site to be financial institutions. From staff's perspective, the proposal provides for a broader mix of uses that are integrated together. Mr. lecklider noted that in the preliminary developme~t plan in the packet, there are lots 1, 2, 3, 5 and 6 specifically financial services or some combination thereof. So there could actually be more than five financial institutions on the site. Mr. Combs confirmed that is correct. Mr. Keenan asked for clarification - is financial institutions strictly a banking or retail business? --- Mayor Chinnici-Zuercher stated that the applicant could clarify this in his presentation. Mr. McCash stated that in view of the change to retail and restaurant components, was a traffic study done regarding the additional traffic generated? There are existing problems with traffic congestion - how will this rezoning impact the future improvements planned in the Avery-Muirfield area? He is aware that another proposal SOLJth.of the Avery-Muirfield bridge was rejected based on the type of uses proposed. Mr. Combs responded that a traffic study was completed by the applicant. In general, it was found that the proposed rezoning would bring a reduction of overall traffic volume during peak hours versus the existing zoning. The traffic would be spread over the entire day versus at morning or evening rush hour. The capability of the intersections around the site would be improved. Staff has worked with the applicant regarding clarification in the text of the offsite improvements necessary to upgrade the surrounding streets and particular intersections. Ben Hale. Jr.. 37 W. Broad Street. representing the applicant addressed Council. He noted that Paul Ghidotti, Daimler Group is also present tonight. He commented as follows: 1. The site was zoned as part of the Riverside PCD. The entire site was zoned by Riverside, and Riverside still retains an interest in this site. Given Riverside's desire for the other type of uses in subareas 3 and 2, they teamed up with Daimler on this proposal. They felt it was important to bring all the uses to the site for development at the same time. 2. In regard to the banks/financial institutions, they require a conditional use from ~ the Planning Commission. Those uses are permitted uses under both the previous and the requested zoning. 3. In his own research, he visited the area during the lunch hour four times and attempted to be seated in various restaurants. The area is currently under serviced for restaurants to support the employees who work in Dublin. If Dublin desires to attract more office uses into the community and more income tax revenue, these companies look for a traffic system that functions well, good location, security in their investment, and also support facilities for their employees - such as restaurants. 4. In the Community Plan, a mixed use for this area is permissible. The definition includes commercial uses, not just office. So in this proposal. there is a multi- building development that will be a first class development along Avery- Muirfield Road. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK,INC" FORM NO, 10148 Held 20 approximately 13,000 square feet. It will include a Key Bank anchor at the corner of Post/Avery. The balance of the center as laid out today does include the possibility of six additional uses, but they will be developed as users come forward. Pending approval, .,.-.. they have a letter of intent from Caribou Coffee, and have interest from several cafes and ice cream retailers. There will likely be 3-4 retail uses, based on the space available. In terms of substantive changes, the original plan in May of 2003 included a 20,000 square foot specialty food use and a funeral home. They went back on an informal basis to Planning Commission in August of 2003 after eliminating the funeral home. They had two options presented: one with Wild Oats ahd one without. They were told not to include Wild Oats. They then reduced the number of potential retail square footage to 20,000, a reduction from the previous 50,000 square feet of retail. Mr. Hale commented that this represents 10 percent of the square footage allowed under the current zoning. The total square footage on the site has been reduced to 85,000 square feet. This brings a reduction in the traffic associated with the development. Mr. Ghidotti added that they felt it was important that site provide the appropriate transition from both east to west as well as north to south. They have doubled the size of the existing setback along Avery-Muirfield and are adding a cascading pond feature, similar to that at the entry to Ballantrae. In terms of the number of financial institutions, at the Planning Commission process, they were encouraged to not show sites 5 and 6 as financial services or banks. At this point, Key Bank will anchor the Center and Huntington will have a 4,100 sq uare foot branch bank at the corner. If they receive approval of the rezoning, they are hopeful of coming in for a final development plan for the entire Avery frontage, both buildings, and will construct all of this simultaneously, with a target completion date within a year. Market conditions have indicated that the banking locations should be on the perimeter of the site. At the March 4 Planning Commission meeting, at the suggestion of the Commission, the office and banking locations on the site were -... modified - everything west of subarea 1 must be office. Site 4 is to house Primrose, out of Atlanta, which is an educational facility for children from 6 weeks to 6 years with accredited teachers. Sites 7 and 8 will house R.J. Boll Realty, a real estate brokerage service which is moving their operations to Dublin. To summarize, in a very short timeframe, there will be the neighborhood retail center, the Huntington Bank, the Champaign Bank and Primrose. They do not currently have users for either of the two restaurant sites. The area west of subarea 3. will all be office use. They are hoping to secure a larger office use for that portion of the site of 50-60,000 square feet. This provides an appropriate transition to the west to the Pacer Logistics building. t>l: Dana Freudeman, 8132 Campdein Lake's: Oublin noted that he is employed by Ohio Health and is a real estate broker in the state of Ohio. He is institutionally engaged with buying and selling land for Ohio Health, developing medical buildings and managing property in which Ohio Health has medical offices. Two years ago, institutionally, they came to the Planning Division with a vision as they began to think about the future hospital at Post and Avery, south of Kroger. Part of that vision included the amenities needed in the neighborhood to surround this type of institutional use - a major health care facility, operating 24 hours a day, seven days a week. They wanted to satisfy two key criteria: work-life issues for employees and for patients and their families who come from the region. They conducted a major site evaluation last year looking at major land tracts from Sawmill Road west through Dublin and down to Hilliard Cemetery Road. They engaged local brokers to assist in the study and the conclusion was the best location was the land already owned at Avery/33 due to visibility, the existing amenities around th4e site, and - access to the location with the recent improvement of the Avery Road bridge. They heard from Planning & Zoning Commission that if the desire was to rezone this land to r incorporate some finer dining to accommodate staff physicians, they could encounter neighborhood opposition. They are not interested in turning this site into "restaurant row" or "banking row." They were seeking a process from Dublin where Dublin would approve everything on a case-by-case basis that was proposed. Dublin requested a master plan, and so they approached Daimler to work with them on this project. The direction from the Commission and staff was clear: to protect Post Road as a scenic roadway by limiting curb cuts, to create the southwest corner of Post and Avery as a nice front yard to the southwest of Dublin, to have low density lot coverage, and to include architectural features that meet or exceed the current text in the existing PCD plan. This was acceptable to them. Their vision was to have a "white tablecloth", sit down dining facility where a physician group or hospital administrators group can meet, close to the hospital facility. Daimler Group can attract this type of restaurant to the development. On behalf of Ohio RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO, 10148 i~ Held 20 , approved by staff and Planning Commission. Mayor Chinnici-Zuercher invited public testimony. ;--. , Cameron Beqg. 6860 Roundwood Court stated that there have been comments tonight about what makes Dublin a special place to live. He wenfto the Internet and viewed the Money Magazine survey of cities in the U.S., which named Dublin, Ohio as No.2 in "Best places to live" in the central region. He described the various similarities and differences among them. The appearance of Dublin has been made possible by great planning. It is a beautiful place to live and he wants it to remain that way. As part of the Community Plan telephone survey in 1995, 95 percent rated Dublin as a good or excellent place to live; 67 percent said they would not move in the next five years; 60 percent agreed that retail, commercial and residential development should be slowed; 80 percent said that City officials should protect the character of Dublin's outlying areas; 70 percent said that the City should protect a portion of the area's remaining agricultural land; and 73 percent said the City should work to revitalize Old Dublin. He read a description from the Coffman Park design pamphlet - and asked Council to consider carefully whether they want a strip mall with restaurants located across frorn this center of the City's ecological interests. Karen Pryor. 6850 Roundwood Court noted that she lives immediately north of the Red Trabue nature preserve. They experience odors regularly from the existing restaurants at Avery Square, and she is concerned about future restaurants being approved. She then spoke on behalf of 12 neighbors from Lowell Trace stating that in the mid 1990's, the Community Plan set out the view of the Perimeter Center area as a showcase entrance to the City featuring quality retail and business uses along the 33 corridor, between Shier Rings Road and Perimeter Drive. A buffer zone of offices, hospice, child care and institutional uses were described as suitable for the land area between Perimeter Drive -, and Post Road. City Council affirmed this view when they voted against a proposal for high intensity use between Perimeter Drive and Post Road on the east side of Avery- Muirfield Drive - the Super America site. The citizens of Dublin upheld City Council's decision at the ballot box after corporate interests attempted to override City Council by bringing the issue to a referendum. The confluence of this City Council vote, the Community Plan, and the majority vie.1}I of residents argue strongly against the proposal for rezoning before Council tonight. The 'Red Trabue nature preserve lies on the north side of Post Road and constitutes the western continuation of the central park. She urged Council not to degrade this area by placing a strip mall and restaurants nearby. She asked that Council vote against this rezoning, thereby once again establishing this area as a desirable buffer between the high intensity development to the south and the nature preserve and adjacent residential areas. Gavin Pryor. 6850 Roundwood Court addressed Council stating that he disagrees with the proposal. He presented to Council a petition signed by his classmates regarding the proposal. The location is not suitable forthe community, and the strip mall is not needed. The land should be used for business uses, office, medical, daycare, institutional, hospice, park, etc. He presented the petition to Council. Andv Keller. 6586 Weston Circle noted that he attended some Planning Commission hearings on this matter. He works at Cardinal Health and believes it would be desirable to have some additional sit down restaurants in the area. From his perspective, having a coffee shop in this location would be veryconvenient. He agrees that there is a need for ...-.. more restaurants in the area - they often must travel to other areas outside of Dublin for lunch because of the congestion at the existing sit doWn restaurants. Jeff Boll noted that his company plans on building two 9,000 square foot office buildings. The amenities proposed are what attract them to this site. In the proposed buildings will be his company and a financial planning company, 20 jobs of which are new to Dublin. The second building will be completed in 2005 and would add approximately 40 jobs. The proposed development will add amenities to the general area and will serve as a nice gateway to the Muirfield area. He urged Council to support this proposal. Lvnn Hosfeld. resident of Lowell Trace stated that representatives of their association have attended these meetings. She wrote a letter to Council regarding concerns with the impacts on the Red Trabue nature reserve. While there is a need for jobs and economic development, there is only a small amount of space remaining in the community for I I RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO. 10148 Held 20 long-term impacts, 10-15 years later, need to be considered. She urged Council to weigh this choice heavily tonight - it is still a choice. ,......., David Bromwich. 6300 Post Road noted that his concern with this rezoning is the question of a transitional use between a heavy intensity use at the Kroger development and the Red Trabue reserve to the north. He was heavily involved in the rezoning issues of the Super America property on the opposite corner, and it is now zoned for medical offices - an appropriate transitional use. There is property which is presently undeveloped to the east of Avery-Muirfield and north of the medical offices. If a fairly intensive use is approved for the property under consideration tonight, it will likely encourage a more intensive use of the undeveloped property at the northeast corner. The proposal is not a good use of this property. There is a delightful space at the Red Trabue nature reserve and it should be preserved with a transitional use to the south. Mr. Lecklider acknowledged that he has met with and spoken with Mr. Ghidotti and Mr. Hale on several occasions regarding this matter. Mr. Ghidottihas stated that lots 5 and 6 can only be restaurant sites, but the plan he has indicates restaurants or financial services. He asked for clarification. Mr. Hale responded that at the Planning Commission, they were asked to remove financial institutions in those locations. There was concern expressed about affecting the northeast corner of Avery-Muirfield/Post, and so the exact permitted uses that exist today were left intact for the southwest corner of Avery-Muirfield/Post. Mr. Lecklider asked if the retail component would have impact on the northeast corner in terms of development pressure. Mr. Hale responded that the owner of the northeast corner property was previously in contract with Star Bank to develop the property. After Star Bank met with staff, they did not proceed with rezoning based on feedback obtained at that meeting. In terms of the --. southwest corner impacting the future northeast corner development, the same uses will be left in place that existed in the previous zoning for that portion. If someone wants to propose cOhlmercial for the northeasfcorner, there would actually be a stronger case for a fourth corner office development - not the residential zoning as shown in the Community Plan. The other corners are zoned office, and banking is a conditional use in the zone. Mr. McCash asked how far down subarea 2 begins from the corner. Mr. Hale responded that it is approximately 300 feet. They have substantially increased the setback along Avery Road, doubling it from the current zoning to allow for the water features. Mr. Lecklider asked for clarification. The current zoning allows for financial institutions, but drive through banks are a conditional use? Mr. Hale responded that drive throughs are shown on the site plan, but a conditional use approval must be obtained from Planning & Zoning Commission. The Commission has made it clear that there are concerns about screening at the northeast corner of the site. The zoning for the bank locations is the same as that existing today, and both conditional use and final development plan approval are needed. Mr. Lecklider stated that in reading the minutes of Planning Commission, it seems they indicated a favorable disposition to grant conditional uses for those two sites. Mr. Hale agreed, but the Commission also expressed concerns about landscaping, lighting, stacking, etc. The applicant will meet the requirements and uphold the high standards of the community. He commented briefly on the development process in Dublin r- and how it does result in a very high quality product. Mr. Lecklider asked how a white tablecloth restaurant would address the long lines at Panera Bread, Chipotle and other restaurants? The patrons of the casual restaurants and "white tablecloth" restaurants represent different markets. Mr. Hale responded that many people desire a nicer restaurant where they can take clients - executives, professional people, etc. Many desire healthier food and choices other than fast food. There is a need for higher end restaurants in this market and location. Mr. Lecklider stated that in terms of addressing the crowding in the existing restaurants, this does not seem logical. In terms of a high-end restaurant, the zoning text cannot specifically call for this. It can be for dine-in only, not a drive through, but it cannot be zoned for a certain type of restaurant - high end or other. RECORD OFPROCEEOINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INO" FORM NO, 10148 pril 19, 2004 Held 20 , have a drive-through. A large percentage of their business is through the drive-through. Finally, at the final development plan stage, Dublin requires that development conforms to the commitments made throughout the hearings on the application. The intent here is to J!"""-<, have the high-end restaurants that havebeen discussed inthe process. Mr. Lecklider noted that that there will be intense pressure for additional retail and restaurant use moving west from Avery-Muirfield. Mr. Hale stated that his understanding is that Dublin is convening a meeting of the various jurisdictions in the area this week about future development plans in the area. There is a fear of what will happen on the City's western border in terms of development controlled by other jurisdictions. He agreed that there will be some pressure for retail development, and this will be a topic of the meetings. In terms of township development outside of Dublin's boundaries, townships are governed by state law and do not have have the power or the tools to develop in the same way. In terms of financial base, townships do not have the ability to hire planners to ensure the best development. Ms. Salay stated that she shares the residents' concerns about the long-term environmental impacts of the development. Is it possible for conditions to be included that would aid in the exclusion of the nuisance birds? She is disappointed to hear that the odor control issues cannot be addressed. This is unfortunate, as the existing restaurant odors are a nuisance to the residents. Does Mr. Hale have any suggestions for language in the text to control the environmental impacts? The City needs to be cognizant of this as more development encroaches on the natural areas of the City. It is important to be sensitive to these natural areas. Perhaps a means of measuring the impact on natural areas is advisable. Mr. Hale responded that the issue of nuisance birds could be addressed in the way that trash is handled on the site. Birds are attracted to open trash bins, and there are trash ..-... compactors, which could help to reduce this problem. Many problems occur when the bins are not closed and trash blows around the site. Ms. Salay stated that perhaps the businesses could have employees police the area to pick up garbage from their sites. Mayor Chinnici-Zuercher asked if she has a suggested text amendment to address this. Ms. Salay responded that this is likely a final development plan issue and could be addressed at that time. Mr. Hale offered that at the time of the fipal development plan, they could commit to a condition to address this if problems occur in the future. Mayor Chinnici-Zuercher asked staff to review these matters so that they can be addressed at the final development plan stage. Ms. Salay added that it would be important that the businesses understand the expectations of the community regarding these items. Mr. McCash asked how the mechanical systems would be addressed for the restaurants in view of the sloped roofs? Typically, the mechanicals have been on the roof with a fence surrounding them, and they are very unsightly. Mr. Ghidotti responded that with a similar building they have constructed in another area, the sloped roof comes to a point to hide the mechanicals, and there is a relief area in the middle where they can be hidden. r--- Ms. Salay asked if the east elevation of the strip center looks the same on both sides. Mr. Ghidotti responded that the only difference is that there will not be sign bands on the east elevation. At the March meeting, they showed the Commission renderings of the other elevation. Mr. Reiner stated that the opportunity for the community to have a hospital is really important. Ohio Health is very committed to making a large presence here in Dublin and the development will include many types of facilities. Good health care is one of the best things the City can offer to its residents. In a recent visit to the Cleveland Clinic, he noted that the largest employer in Cleveland is the Clinic. The quality of food at the nearby restaurants was excellent. In addition, a large number of doctors and professionals live in Dublin and would like to work in Dublin. There is a shortage of fine restaurants to support all of this development. He does agree with the residents' concerns about the environment. He also asks that those residents consider conservation design and new RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC., FOAM NO, 10148 Held 20 The environmental issues should be addressed in a different forum. He knows the Ohio Health organization well, and facilities will be needed to allow hospital employees to have lunch during the time provided. The applicant has made logical arguments in support of r-- this rezoning, and he will support it as well. Mr. McCash noted that while he recognizes the need for additional restaurants in Dublin, everything north of Perimeter Drive and Post Road has been very contentious. It is a difficult thing to address in this rezoning. Mr. Keenan stated that the corporate neighbors who help to maintain the overall quality of life for Dublin have asked for Council's support in this matter. He echoed the comments made about the need for additional sit-down restaurants in the area to serve the needs of the corporate citizens. His office faces this area and he has not noticed any significant odor issues from the center. Ms. Salay acknowledged that she met with Mr. Ghidotti and reviewed the proposal. She has personally struggled with this, as the proposed center is beautiful. Obviously, the businesses would like to have more restaurants. This is a mixed use with offices desired, bringing more jobs and support for the hospital which will be important to the community. On the other hand, she recalls the zoning battle fought for the property across the street and how the residents of the area and community supported the maintainance of a transition between the intense retail to the south of Perimeter. The ponds are beautiful, and there seems to be support from this application on Council. The Planning Commission supported this application by a vote of 7-0. There were no citizens voicing any opposition to this application during the rezoning process at the Planning Commission, which is frustrating to her as well. ~ Mr. Lecklider stated that one of his concerns is the sense that this is being considered as the last rezoning available for restaurants uses in the area. There is much land available to the west for these uses as well. Likewise, he does not deny the need for additional restaurants in the area, but it is an issue of where they will be located. He does not believe the area is under-retailed, and that the appropriate transitional zoning for this parcel is office with some financial institutions. What has been presented includes very good architecture, landscaping, etc. It is simply his view that the retail and restaurant uses proposed for this parcel are not appropriate. Mayor Chinnici-Zuercher noted that she would like the environmental issues to be addressed by staff and the applicant at the final development plan stage. All of Council has an interest in these issues for develoPment throughout the City. Council has given guidance to staff about the importance of economic development to the community. Some of the feedback she has heard is that the commerCial venue needs other support services nearby - childcare, restaurants, coffee shops, etc. It is often difficult to marry the residential use with the commercial uses of these venues. There are work-life issues for everyone to manage, and it is important to determine how these needs can be addressed within the City's development. She believes that the proposed plan is very attractive visually, that the reduction of square footage has been addressed, and that adding the pond and trees enhances the environment and provides a buffer from the roadway. Mr. Keenan moved approval of the Ordinance. Mr. Reiner seconded the motion. ,.....--. Vote on the motion: Mr. Reiner, yes; Ms. Salay, no; Mr. McCash, no; Mr. Lecklider, no; t Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes; Mr. Keenan, yes. (Ordinance passed 4-3) Mrs. Boring noted clarification for the record. The minutes of P&Z reflect her comments that the Commission wanted no monument signs. However, this is not what she meant. The sign package is coming back to P&Z at a later date for review, and she she asked that Council Members provide feedback to her. FEE ORDINANCE AMENDMENT Ordinance 25-04 Amending Ordinance 126-03 Regarding Fee Waivers for Facility Rental at the Dublin Community Recreation Center. Ms. Brautigam stated that there have no changes since the last reading. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK. INC,. FORM NO, 10148 Held 20 Wallace Maurer. 7451 Dublin Road stated that he curious about a statistic in the section related to Dublin Municipal Pool passes on page 12, section 4. What is the figure of 3,100 for cutoff of membership sales based upon? ,...-., Ms. Grigsby responded that the. 3,100 cut-off was set in the early 90's, based upon the past experience at the current pool. Once the second pool is opened, there may not be a need for this cut-off. Vote on the Ordinance: Mr. Lecklider, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. APPROPRIA nONS Ordinance 26-04 Amending the Annual Appropriations for the Fiscal Year Ending December 31, 2004. There were no questions from Council. Vote on the Ordinance: Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes; Mr. Lecklider, yes. INTRODUCTION IFIRST READING - ORDINANCES ECONOMIC DEVELOPMENTINCENTlVE Ordinance 27-04 Authorizing the Provision of Certain Incentives, Which Include the Provision of a Municipal Income Tax Credit and Related Incentive Payments for Purposes of Encouraging the Relocation of Boundtree Medical, LLC's Operations and Workforce Within the City and Authorizing the Execution of an Economic Development and Tax Credit Agreement. Mr. Lecklider introduced the ordinance. Mr. Stevens stated that this company is a national distributor of medical equipment, - supplies and pharmaceuticals to the pre-hospital marketplace, and to EMS providers, fire departments, colleges and universities throughout the U.S. This incentive encourages Boundtree to relocate their corporate office employees currently located in Galloway, Ohio in an unincorporated area. They would move 39 employees and have committed to add 54 jobs over the next three years. This includes a performance incentive where the company will receive 25 percent of their actual with holdings, with a total cap over the five- year period of $200,000 as the maximum incentive. There is an extraordinary performance clause which will give them a sixth year if they pay cumulatively $400,000 in income tax over the five years. This agreement has a State of Ohio job creation tax credit, and calls for a 50 percent, five-year municipal corporate income tax credit which would be provided to the sole owner of theLLC.franklinCounty is also participating with low interest loans from the Franklin County Growth Fund. Mr. Lecklider asked if this company would at any level compete with Cardinal Health. Mr. Steven responded that in fact, the sole owner of the LLC serves on the Board of Directors of Cardinal Health. There will be a second reading/public hearing at the May 3 meeting. REZONINGS Ordinance 28-04 Rezoning Approximately 0.48 Acres Located on the East Side of Wilcox Road, Approximately 150 Feet South of Shier-Rings Road From: R-1 B, Restricted - Suburban Residential District (Washington Township Zoning), To: PCD, Planned Commerce District. (Case No. 04-042Z/DP - Master Maintenance - 6200 Wilcox Road) Ms. Salay introduced the ordinance and moved referral to Planning & Zoning Commission. Mr. Lecklider seconded the motion. Vote on the motion: Mrs. Boring, yes; Mr. Keenan, yes; Mr. Reiner, yes; Mayor Chinnici- Zuercher, yes; Mr. McCash, yes; Mr. Lecklider, yes; Ms. Salay, yes. Ordinance 29-04 Rezoning Approximately 3.287 Acres Located on the North Side of Perimeter Drive Approximately 2,800 Feet West of Avery-Muirfield Drive, From: pcn, Planned Commerce District To: PCD, Planned Commerce District. (Case No. 04-055Z - Perimeter West, Subarea 1A - Ruscilli Office Building) Ms. Salay introduced the ordinance and moved referral to Planning & Zoning Commission. Mr. Lecklider seconded the motion. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INO.. FORM NO, 10148 April 1 S;' 2004 Held 20 p , included. Vote on the motion: Ms. Salay, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Lecklider, yes; Mr. McCash, abstain; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes. .~ INTRODUCTION/PUBLIC HEARING - RESOLUTIONS TASK FORCE APPOINTMENTS Resolution 19-04 Appointing Members to the Tara Hill Traffic Task Force and Expanding the Membership of the Task Force to Ten Members. Mr. Lecklider introduced the resolution. Vote on the Resolution: Mr. McCash, yes; Mr. Reiner, yes; Ms. Salay, yes; Mrs. Boring, yes; Mr. Lecklider, yes; Mr. Keenan, yes; Ms. Chinnici-Zuercher, yes. WAIVING COMPETlTVE BIDDING Resolution 20-04 Waiving Competitive Bidding for the Purpose of Demolishing and Disposing of Certain City-Owned Property. Mr. Lecklider introduced the resolution. Ms. Brautigam stated that this resolution requests the waiving of the bidding process due to the fact that the City has received a proposal to demolish some properties on Jenmar Court, the bait store and a house on the. bait store property for a fairly good price. Staff is comfortable with using Loewendick, and has done work with them before. Staff therefore recommends waiving competitive bidding for this work. Wallace Maurer. 7451 Dublin Road noted that over the years, he has seen occasions where the City waived competitive bidding. In this particular case, is it being waived on ,...........,. the basis of health and welfare, or on the grounds of safety? Mr. Smith responded that as a.home rule City, itis permitted to waive the requirement when it is determined to be in the best interests of the City. The City took an RFP to the market, but there are few demolitions firms in the area. This is a good price, the City has a history of working with this firm, and it is determined to be in the City's best interests to do this. Mrs. Boring noted that there is a figure for option 3, which includes all the Jenmar houses, the bait store, and the house on that site. Are the other items considered extra items? Ms. Brautigam responded that all the items following are "extras" but are things will have to be done in conjunction with the demolition. The price includes all of these items. Mayor Chinnici-Zuercher asked about the timeframe for this work. Mr. McDaniel stated that the timeframe is probably mid to late June, depending upon the weather which can affect access to the sites. Mr. Keenan asked if there is the potential for underground oil pollution on the bait store site? Mr. McDaniel stated that this is always a possibility. Mr. Smith stated that an environmental inspection was done before the closing of the bait store. Vote on the Resolution: Mr. Lecklider, yes; Mr. McCash, yes; Mr. Keenan, yes; Ms. Salay, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Chinnici-Zuercher, yes. OTHER . Stormwater Waiver Request - Patrick Grabill, 109 S. High Street ",..... Mr. Hammersmith stated that the proposed use of the property and additions would minimally increase the discharge from the property. The discharge can be accommodated by the storm sewer improvements Phase 1, and staff requested that the runoff be directed to that system in order not to cause damage to the adjacent properties. Staff recommends approval of the waiver request. Mr. Reiner moved approval of the request. Mr. Lecklider seconded the motion. Vote on the motion: Ms. Salay, yes; Mr. Lecklider, yes; Mr. Reiner, yes; Mr. Keenan, yes; Mayor Chinnici-Zuercher, yes; Mr. McCash, yes; Mrs. Boring, yes. CITY MANAGER/STAFF REPORTS . Information Concerning U.S. 33 Corridor Meeting Ms. Brautigam reminded Council that tomorrow night is the US 33 corridor meeting. The tentative list of attendees includes the three Union County Commissioners, two RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting DAYTON LEGAL BLANK, INC" FORM NO, 10148 Held 20 , , Paris and Mill Creek townships, and three from the Marysville City Council. This appears to be a good turnout. It is hoped that the Mayor from Marysville will also be in attendance. - Ms. Puskarcik added that prior to tonight's meeting, she provided materials to Council regarding the agenda and the RSVP list. Mayor Chinnici-Zuercher asked who from Council is planning to attend. Mr. Reiner indicated he would be out of town. Mr. McCash noted he has a conflict with another meeting. Ms. Salay stated that that she would try to attend. Mayor Chinnici-Zuercher noted that she and Ms. Brautigam met with the Union County Commissioners and they are looking forward to the meeting. Mayor Chinnici-Zuercher added that she met with the Mayor of Marysville and he is looking forward to the meeting as well. COUNCIL COMMITTEE REPORTS/COUNCIL ROUNDTABLE Ms. Salay: 1. Thanked staff for the information about Heather Glen Park, which she has shared with neighbors. 2. Thanked Mr. Hahn for his recent assistance in promptly providing wood chips and straw to provide a walking path to access the soccer fields at Darree from the muddy parking areas. Mayor Chinnici-Zuercher congratulated reporter Mike Racey of the Dublin Villager on his engagement and wedding plans for September 25. Mr. Lecklider commented that, to the extent there was any misimpression from a recent meeting, he does not believe there was consensus from Council to delay the work of the - Tara Hill Traffic Task Force. He wants to clarify to the residents that Council is continuing to move forward with the Task Force at this time. There was no objection from Council. ADJOURNMENT TO EXECUTIVE SESSION Mayor Chinnici-Zuercher moved to adjourn to executive session for discussion of land acquisition, personnel and legal matters. Mr. Lecklider seconded the motion Vote on the motion: Mr. Lecklider, yes; Mr. Reiner, yes; Mr. McCash, yes; Ms. Salay, yes; Mayor Chinnici-Zuercher, yes; Mrs. Boring, yes; Mr. Keenan, yes. Mayor Chinnici-Zuercher noted that the meeting would be reconvened only to formally adjourn. No further action will be taken. The meeting was adjourned to executive session at 9:45 p.m. The meeting was reconvened at 10:40 p.m. and formally adjourned. ~ Mayor - Presiding Officer ~CL~ Clerk of Council - i