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HomeMy WebLinkAbout05/04/1998 RECORD OF PROCEEDINGS Minutes of Meeting u m ity ounce eetmg age DAY7 N LEGAL BLANK CO. CORM NO. X0148 ' Hel 19 I I' Mayor Kranstuber called the May 4, 1998 Council Meeting to order at 7:00 p.m. Mr. Adamek led the Pledge of Allegiance. R 11 ll Council members present were: Mayor Kranstuber, Vice Mayor Boring, Mr. Adamek, Mr. McCash, Mr. Peterson, and Mr. Reiner. Ms. Hide Pittaluga arrived at 7:10 p.m. Staff members present were: Mr. Helwig, Ms. Grigsby, Mr. Smith, Mr. McDaniel, Mr. ~ Hahn, Mr. Lenz, Mr. Bowman, Chief Geis, Mr. Nelms, Mr. Petty, Mr. Crandall, Ms. Heal, Ms. Clarke, Mr. Kendra, Ms. Bearden, Mr. Husenitza, and Ms. Gibson. Aunroval of Minutes of Meeting of A rn '120, 1998 Mrs. Boring noted a correction on page 3, where it should state that the 7enmar properties will not be sold until the water and sewer utilities are connected. Mayor Kranstuber moved approval of the minutes. Mr. McCash seconded the motion. Vote on the motion - Mr. Reiner, yes; Mr. McCash, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mrs. Boring, yes; Mayor Kranstuber, yes. Coreesnondence The Clerk reported that no correspondence was sent to Council requiring further action. Comments from Visitors Delbert W Shaw, President and CEO of The Stags Corporation, 17595 State Route 93, Wapakoneta, Ohio noted that he is present tonight to discuss the property at 27-29 South High Street. He operates gourmet wine and cheese stores and met with City officials in regard to locating in Old Dublin at 27-29 S. High Street. He has applied for a liquor license but cannot obtain it until he has a building lease. He was told by the City that he was the first alternate in line for the lease of the building. The timetable for the process was modified and he was told by the City Manager's office that the preferred candidate has until mid-June to obtain a liquor license for the site. The hearing date on the appeal for the preferred candidate's liquor license has been delayed once again. Mr. Shaw noted that he has adequate capital in place and is able to move forward on his proposal. He would like assistance from City Council in resolving this dilemma. He expressed concern about the fact that the City is lending assistance to the preferred candidate in obtaining a liquor license. Mr. Helwig responded that a competitive process was designed by staff for this business venture. He, Mr. McCash, and Ms. Bearden toured the property with Mr. Shaw when he had indicated interest in leasing the property. Ms. Crandall is now the coordinator for this project, but she is not present tonight. Staffs goal is to see that a successful candidate can proceed with a proposal to develop this property in Old Dublin. If the preferred candidate is not able to perform, staff will contact Mr. Shaw as the alternate candidate. Mr. McCash added that the preferred applicant has already gone through the liquor license appeal process two years ago. The hope is that the liquor control commission will look favorably on a variance for economic development purposes. However, this building has been empty for a long time and the City needs to move forward with securing a tenant to bring foot traffic to Old Dublin. He would advocate setting a final date -for resolution of the liquor permit issue; if the preferred applicant cannot secure a license by that date, the alternate applicant would then be notified. Mr. Smith commented that Council can by motion change the previous direction given to staff: Mayor Kranstuber clarified that the preferred candidate is ready to move forward with his business plan, with or without the liquor permit. Staff has emphasized that the goal is to secure asit-down restaurant in this location in order to bring more foot traffic into Old Dublin.. He would not be comfortable with changing the direction to staff without hearing RECORD OF PROCEEDINGS Minutes of Meeting ~u m rty ounce eetmg age DAYTON LEGAL BLANK CO.. FORM NO. 10148 I ~ Hel 19 - ~I ~ Ohio 43016) Ms. Clarke stated the site consists of 64 acres on the west side of Avery Road and north of Rings Road. This property is recognized as a recreational and party facility that has access from Rings Road. There is also a single family home, some vacant acreage and a couple of industrial lots on the site. The proposal is to rezone the property to PUD for a combination of single family and multi-family housing. The proposal includes 71 single family lots, and 256 apartments with a parkland of about 16 acres. The Planning Commission heard this case several times, and it has been revised numerous times. On ~ March 18, 1998, the motion made by the Conunission was to approve the application with 27 conditions, but that motion failed. According to the Law Director, this action was effectively a recommendation to Council of disapproval. She then showed slides of the site and surrounding area. Mr. Smith confirmed that five votes are needed tonight to overrule the recommendation from the Planning Commission. Ms. Clarke noted that the planners provided two alternatives to the applicant which they believe provided better ~;onformance with the Community Plan and the Southwest Area Plan. The City planners' goal was to provide connections in all directions because staff believes that the rest of this area will most likely develop residentially. City staff suggested saving the party barn, and having larger lots along the western and northern perimeters to lessen the density, especially next to the adjoining properties which may develop in the future. The Community Plan specifies a maximum of two units per acre in density. The yield on the parkland is lower than that indicated in the developer's application. Staff believes that the 27 conditions in the Record of Action would result in a much better plan that what is on the table. However, the applicant must bring to Council the same plan which was presented to Planning Commission. Mayor Kranstuber invited Council to bring and- questions for staff to the table at this time. Mrs. Boring stated that she does not understand why two separate land uses are combined to compute density on this proposal. Ms. Clarke responded that PUD's have been administered this way over time. For example, the Earlington Plan included the multi-family units at Asherton. Asherton's density is actually between 5 and 6 units per acre, but the overall density for the Earlington PUD is 3.18 units per acre. The overall number includes the apartments as well. PUD acts as a big umbrella. The overall density for this proposal of 327 dwelling units is 5.09 units per acre. The density is not broken down for the two uses. The concept plan was approved with the condition that the overall density be 4 units per acre or less. In response to Mr. Adainek, Ms. Clarke clarified that City stall's recommendation was to disapprove this application. However, if the Planning Commission's intent was to approve it, stafffelt that the plan could be improved with the 30 conditions provided in the staff report. The Commission then motioned for approval with 27 conditions. Mr. McCash pointed out that the meeting at the Commission regarding this application was very convoluted with lengthy discussion and much confusion. Ms. Clarke pointed out that it is unusual for staff to recommend disapproval, because by the end of the PUD process, there is generally a product that staffwill support. In this case, the essential problem remained the density which is basis number one for disapproval. The Community Plan states this area should have a maximum density of 2 units per acre. There will not be a compelling argument for maintaining a lower density for the next piece of property if the higher density is allowed on this one. It sets a bad precedent for the area. Staff also believes that other standards should be added for the single family area. Chris Cline_ 5455 Rings Road, attorney re resenting the applicants presented renderings RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce eetmg age DAYTON LEGAL BLANK CO 'ORM NO. 10148 III Held 11~~, a ~ ogR 19 ~j of this project to Council. He noted that the Planning Commission process was unfair to the applicant as staff did not share the 30 conditions with the applicant prior to the hearing. It was difficult; for the applicant to respond quickly to these changes on a $25 million project. He noted that the project is composed of four tracts of land. The applicant purchased the Samson piece at the City's urging in order to solve a problem of an orphaned single family house sitting on Avery Road. He emphasized that the existing zoning allows for intense industrial zoning, including outside storage. The Avery Road intensity also impacts the potential use of the land. The trailer park to the south also impacts the use for this property. The planning objectives, therefore, were to minimize the ~ industrial influence, to avoid the trailer park, and to achieve usable single family on the existing party house ground. Council's recent direction to staff to limit density for multi- ~ family to 5 units per acre affected this application. The multi-family in this plan provides a buffer and transition to the single family. Details of the development will be specified in the final development plan. They have included some elements of neo-traditional design in the multi-family area. The setback was increased to 60 feet along Rings Road at staff s direction. The setbacks needed on the project along Avery Road reduce the useable land. The single family homes will cost between $180-200,000 with 65 foot lots along the south side. The City has always calculated the single and multi-family density together in order to force a 25 percent parkland dedication out of the entire parcel. It is not fair for the City to look at density one way for parkland computation and another way for zoning. His best estimate of the density of each use is 7.2 units per acre for the multi-family and 2.6 for the single family. The plan complies completely with the adopted Southwest Area Plan. He noted that they will agree as a condition to construct the single family first if that is Council's preference. They are also willing to provide a stub road to the north. He added that the plan assembled by staffwould necessitate building $400,000 homes and those are not feasible. They also will work out the parking for the multi-family in the final development plan. Robert S. Davis, Mid States Development stated that their goal is to bring a development to the City which is economically feasible and which is appropriate. They have been asked to: donate 16 acres of parkland valued in excess of $750,000; keep the overall density at 5 or below; pay for a no load road which will serve as a major artery for the City; and solve the problem with the Samson piece. They have redesigned the development several times. They were asked. to provide access to the north and complied. They were asked to downzone the manufacturing land and they are trying to do that. They were finally asked to redesign the entire development in the last 90 days. At this point, if they are not given the zoning, they will have no choice but to develop the presently zoned industrial lots for manufacturing and retain the clubhouse as such. He asked Council to give them favorable consideration. Melissa Davis, 104 Bro-~vnin,g Court, Dublin stated that she manages the Dublin Clubhouse and picnic grounds. They have been anticipating a change in use for the past two years, and they are anxious to find out what will happen with the property. She is excited that the clubhouse will be incorporated into a larger plan. Sohn Fitzsimmons~6368 Rin ss~ stated that he supports approval of this rezoning. Ms. Hide Pittaluga stated: 1. She has recently returned from out of town and apologized that she could not return calls from Mr. Cline or from Mr. Davis. 2. As a matter of public record, she disclosed that Mr. Cline drafted articles of incorporation for "Safe America" -anon-profit corporation she began last year. He did this as a public service, and there is no equity interest involved in a non- profit. She does not believe it is necessary to remove herself from the vote this evening. 3. In terms of density, would it be possible to reduce the density in lieu of donating parkland? RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce ee mg age DAYTON LEGAL BLANK CO. =ORM NO. 10148 _ i Held a , a i 9gg 19 II III Mr. Cline responded that the parkland is already included in the density computation. i ~ However, if the City would agree to pay for part of the roadway, that could help in reducing the density by lowering the developer's costs for the project. This would not be consistent with Dublin's goal of having developers pay for infrastructure . 4. She likes the project as opposed to the alternative industrial use, however she strongly supports Council's previous policy direction regarding density and would be concerned with setting a different precedent. Mrs. Boring indicated she has no questions for the applicant. ~ Mr. Reiner noted the same. Mr. Peterson asked when the construction would begin if the plans were approved tonight. Mr. Cline responded that the single family would be constructed as soon as the clubhouse contracts have expired. The single family would be done in two phases over about 2-1/2 years, depending upon sales. The end date for use of the clubhouse is March 31, 1999. Mr. McCash stated that he has no further questions at this time. Mayor Kranstuber invited Mr. Cline to address the school district issue. Mr. Cline stated that this land was annexed to Dublin and is in the Hilliard School District. They are trying to change the school district to Dublin. He urged the City to become more proactive in pursuing this change. Mr. Smith added that the City has little influence with the State Board of Education and this is a difficult issue for cities, school districts and developers to resolve. The Community Plan includes language regarding all of Dublin's land being included in the Dublin school district. At this point, Mayor Kranstuber closed the public hearing and invited Council members to make their comments prior to the vote. Mr. Adamek commented that Council has talked extensively about density issues and this whole case comes down to a density issue. He has indicated informally that he supports the 5.0 for multi-family, but this case merits some exceptional consideration in view of the industrial land to the north, and because of the additional 8 acres of parkland being donated. He believes that this plan conforms with what is already in place in this area. The residents of the area support this rezoning as it will eliminate the possible industrial use for the land. Therefore, he is in favor of this rezoning. Mr. Reiner stated that he supports the Planning and Zoning Commission and the City staff recommendation. There is not enough modification in this plan to merit changing the Planning Commission's decision by overruling them. He doesn't believe that this area will be developed with industrial use in view of the City's investment in the area and upgrading of Avery Road. The City is not prepared to invest additional monies in infrastructure in this area at this time which impacts the density issue for this proposal. In terms of neo- traditional design, this plan does not remotely resemble anything related to a neo- traditional village. In summary, the density is too high. He will not vote in favor of this application. Mrs. Boring stated that this proposal causes her great concern. She does not believe that this is the best proposal which will come forward for this land. A commitment was made to the community in the adopted Plan that the ratio ofmulti-family to single family would be held to a reasonable rate. She is concerned with the proliferation ofmulti-family. She believes that Council's credibility is on the line tonight -they have directed staff and Planning Commission to demand lower density and less multi-family and this is Council's RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce ee mg age OAYi N LE AL BLANK CO. CORM NO. 10148 - III ~ Held ]~,Tav 4 1998 19 III first test. She will support Planning Commission's recommendation of disapproval. Mr. McCash pointed out that when the concept plan was brought to Council, the entire project was multi-family. He voted against it at that time, and Mrs. Boring voted in favor of the concept plan. Mrs. Boring clarified that they were proposed as owner occupied, and the recommendation at the time was for a lower density. Mr. McCash stated that Council cannot dictate owner occupied or rental with their zoning ~ action. He voted against the original concept plan due to the poor layout. The plan has been modified since that time, with multi-family located near the industrial as a buffer. The land will never be used as office in view of the land cost; if anything, it would likely be commercial and retail. Mr. Cline met with the southwest residents and there was no strong opposition to the plan, but only concerns about the mix of uses and the need for a buffer ofmulti-family as a transitional use. He supported the motion at Planning Commission to approve the plan. There was much confusion at the March meeting due to the pending membership change of the Commission and the debate about the 30 conditions. He is in favor of the rezoning and will vote accordingly. Ms. Hide Pittaluga indicated that she believes it is important to adhere to the density standards set in the Conununity Plan. She will not be able to support this application based upon traffic considerations and the density issue. Mr. Peterson stated that he has struggled with this issue, and spent the weekend reviewing the Southwest Area Plan, the Conununity Plan, and reading through the P & Z minutes and staff reports. He believes there are two significant issues: the school issue, for which ` there is no good solution at this time, and the density issue. Council discussed an overlay district for the southwest area at the recent goal setting session. He believes the City needs to assess the status of the southwest area, revisit what is planned, and direct additional capital improvement dollars there, so that future development will not impact the quality of life for those already living in that area. For these reasons, he cannot support this rezoning. Mayor Kranstuber noted that it is obvious that there are not enough votes to support the proposal. He has concerns about what will happen if this rezoning is turned down. Is there any possibility of sending this back to Planning Commission for further modification? Mr. McCash responded that the issue at P&Z came down to one of density. The Community Plan specifies 1 to 2 in this area. That is the critical issue and one which Council alone can resolve. Mr. Cline commented that they had assembled what they thought was a good plan and they met with the residents in the area. There has been no testimony in opposition to the proposal. i Mr. Peterson clarified that he attended the meeting with the residents. His impression was this was the first time the plan was being reviewed by the residents, and they were not asked to make a decision about their support at that time. It was presented as a solution to mitigate the eyesore of the industrial uses above it. He has not been personally told by any residents that they support this project. At this point, Mrs. Boring called the question. Vote on the ordinance - Mr. Reiner, no; Mrs. Boring, no; Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, no; Mr. Adamek, yes; Mr. Peterson, no. Ordinance 10-98(Amended) - An Ordinance Providing for a Change in Zoning for 3.818 Acres Located Approximately 500 Feet East of Avery Road, from: PCD, Planned Commerce District, to: PCD, Planned Commerce District. (Perimeter Center Plan) (Perimeter Center Subarea I -Crown Mercedes Dealership, 6400 RECORD OF PROCEEDINGS Minutes of Meeting DAYS N E AL BLANK CO-. CORM NO. 10148 Held May 4 1998 19 Perimeter Loop Drive) (Applicant: Dwayne Hawkins, 6001 34th St. N., St. Petersburg, FL 33714, Meacham & Apel Architects, Victoria Newell representing applicant) Mr. McCash stated he will abstain from this case and left the room. Ms. Clarke presented the case to Council noting that the change involves signage. There is an existing auto dealership zoned PCD as part of Perimeter Center. It currently houses the Mercedes Dealership. The ordinance was amended at Planning Commission to reflect the actual acreage of the site. The proposal is to change the signage on the site which the applicant believes gives less than adequate exposure. There are no changes to the overall site plan, which is about 3.8 acres. It currently has a ground sign. Planning Commission approved the installation of a taller pylon and the text has been revised to include these changes. There are no other changes in Subarea I. Thus went to the Planning Commission on Apri12, 1998, and staff recommended approval. The Planning Commission recommended approval of a revision to the composite plan and accepted one 15 foot high, 50 square foot ground sign to identify the site, which is about double the height of the sign that is currently in place. The Planning Commission supported it by a vote of 4-2 on April 2, 1998 and the Record of Action includes 5 conditions: 1) That the area of the base not exceed the area of the sign face; 2) That thus site be limited to own 15-foot hugh, 50 square foot ground sign and the text be revised to reflect same; 3) That the street number be incorporated into the sign; 4) That the base of the ground sign be landscaped, subject to staff approval; and 5) That the applicant secure a revised sign permit. Ms. Clarke added that the applicant has revised the sign elevation in the packet to meet condition number one. Victoria Newell, Meacham & Apel Architects representing Crown Mercedes stated the Crown Mercedes sign as it is currently located is not visible to the traveler on State Route 161. The applicant agrees to comply with all of the conditions and will provide landscaping at the base. The address will be located at the bottom of the signage, as shown in the renderings. Vote on the ordinance - Mr. Adamek, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes. Ordinance No. 25-98 - An Ordinance Declaring Improvements to a Certain Parcel of Real Property to be a Public Purpose, Describing the Public Infrastructure Improvements to be Made to Benefit that Parcel, Requiring the Owners Thereof to Make Special Service Payments in Lieu of Tazes, and Establishing a Municipal Public Improvement Taz Increment Equivalent Fund for the Deposit of Such Service Payments. (Woerner Temple project) Ms. Grigsby stated that this project is similar to the Rings Road TIF that has been set up with Duke Realty. The service payments on this project will be used to pay for part of the construction of the Woerner-Temple project. This TIF will also allow the City to accelerate this project from the original timetable in the 5-year CIP. Ms. Grigsby noted that this does not need to be passed as an emergency. Vote on the ordinance - Mr. Peterson, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. Adamek, yes. Ordinance No. 27-98 - An Ordinance Declaring Graffiti a Public Nuisance and Establishing a Policy f~~r Graffiti Prevention and Abatement. Mr. Helwig stated that 1vlr. McDaniel has provided a memo about this and is available for any questions. Vote on the ordinance - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes. Ordinance No. 28-98 - An Ordinance Amending Section 97.38 of the Codified Ordinances of the City of Dublin for the Maintenance of Clean and Safe Public RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce eetmg age DAYTON LEGAL BLANK CO.. .'-ORM NO. 10148 i I j Hel 19 Roadways. Vote on the ordinance -,Mrs. Boring, yes; Mr. Reiner, yes; Mr. McCash, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Peterson, yes. Ordinance No. 29-98(Amended) - An Ordinance Amending Sections 94.05, 94.99(C) and 94.99(D) of the Codified Ordinances of the City of Dublin for the Prevention and Removal of Litter and Establishing Penalties. Mr. Helwig stated that this ordinance was amended based upon a request from Ms. Hide Pittaluga at the last meeting. ~ Vote on the ordinance - Mr. Reiner, yes; Mr. Adamek, yes; Mr. Peterson, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. McCash, yes. INTRODUCTION AND FIRST READING -ORDINANCES Ordinance No. 34-98 - An Ordinance to Appropriate a Fifty (50) Foot Wide Access Easement Through Property Owned by State Savings Bank, Located on the South Side of Village Parkway, and West of Dublin Center Drive, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mayor Kranstuber moved to table introduction of the ordinance until May 18, 1998. Mr. Adamek seconded the motion. Vote on the motion - Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Peterson, yes; Mr. Adamek, yes; Ms. Hide Pittaluga, yes. Ordinance No. 35-98 - An Ordinance to Appropriate a 0.065 Acre, More or Less, Temporary Construction Easement in Property Owned by HPTRI Corporation, Located on the South Side of Metro Place South, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. Mayor Kranstuber introduced the ordinance. Mr. Smith stated that staff is in negotiation with the property owner, but due to the need to move forward with this project, he is requesting Council's emergency action tonight on this legislation. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion - Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Mrs. Boring, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes. Vote on the ordinance - Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mrs. Boring, yes; Mr. Reiner, yes; Mr. Adamek, yes. Ordinance No. 37-98 - An Ordinance Accepting the Lowest and Best Bid for the Tullymore Drive School Zone Flashers and Street Lights. Mayor Kranstuber introduced the ordinance. Mr. Helwig stated that both Ordinance Nos. 37-98 and 39-98 were prepared with emergency language dur; to the public safety issues, and he requested Council's emergency action tonight. Mr. McCash asked why there was only one bid on this project. Mr. Kendra responded that his experience is that no more than three bids are submitted for projects such as school flasher signals. The timeframes for the project are also very tight. Staffis very comfortable with the bid and with the previous work performed by this contractor. Mrs. Boring asked if there are deadlines in the contract to ensure that these are operational by the school opening date. Mr. Kendra stated there is a deadline in the contract which is prior to the opening of the school year. Mr. McCash asked about the cost of the flashers on Avery Road at St. Brigid's School and why these are more expensive. Mr. Kendra responded that these are for street lights and for flashers. Mr. Adamek noted that his understanding is that the school district is going to pay for 50 RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce ee mg age DAYTON LEGAL BLANK CO. CORM NO. 10148 ~I ' Held 11~ay d 1998 19 I, percent of the cost of the street lights. Mr. Kendra stated that the district will not pay for any portion of the cost of the school flashers, but they will pay half of the cost of the street lights. Mr. Adamek noted that he cannot support emergency action on this ordinance without having an opportunity for neighborhood input. The neighbors are not aware of the plans for these street lights. A concern was expressed previously about the parking lot lights I and whether they could be placed on a timer. I Mrs. Boring stated that due to the safety issues, she would prefer to move forward on this legislation. Ms. Hide Pittaluga agreed, adding that she would defer to staff in this safety issue and does not see a problem with having additional lighting in a school zone. Mr. McCash agreed with Mr. Adamek that input should be sought from the neighborhood prior to the consideration of this legislation. It was the consensus of Council to hold this over for a second reading and public hearing on May 18. Ordinance No. 39-98 - An Ordinance Accepting the Lowest and Best Bid for the Frantz Road/Metro Place South Intersection Improvements. Mayor Kranstuber introduced the ordinance. Mr. Helwig stated that staff is recommending emergency adoption of this ordinance which provides for public safety improvements at the intersection. These improvements are related to the Pizutti TIF agreement. Mrs. Boring asked for assurance that there are timelines included in the contract to ensure completion. Mr. Kendra stated that this contract and all others have specific deadlines. Mr. Helwig added that the City's commitment is to complete the roadway improvements before additional office buildings are on-line. He confirmed that the scheduled completion date of the Frantz/161 improvements is July/August. Mayor Kranstuber moved to treat this as emergency legislation and to dispense with the public hearing. Mr. Adamek seconded the motion. Vote on the motion -Mrs. Boring, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Vote on the ordinance - Mr. Adamek, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mr. Peterson, yes; Mr. McCash, yes; Mayor Kranstuber, yes. Ordinance No. 40-98 - An Ordinance to Establish Chapter 53 and to Amend Sections 152.002 and 152.050 of the Dublin Codified Ordinances with Respect to Stormwater Management. Mr. McCash introduced the ordinance. Mr. Helwig stated that Council has detailed minutes in their packet from the April 13 Community Development Committee meeting, and also a memo from Mr. Kendra. The companion ordinance to this is Ordinance 41-98, adopting the storm water master plan for the City. Mayor Kranstuber stated that there will be a second reading and public hearing of the ordinance at the May 18 Council meeting. Mr. Reiner, Chair of the Community Development Committee stated that this is a very thorough and well thought out project coordinated by Camp Dresser and McKee. The City of Dublin is one of only 240 cities that has a stormwater management system of this kind in the United States. In response to Ms. Hide Pittaluga's inquiries at the last meeting, Mr. Smith stated that they are drafting enhanced penalties for this purpose, with creation of a new misdemeanor fine of $2,500 a day. RECORD OF PROCEEDINGS Minutes of Meeting u m i y ounce -ee ing age A AL B NK CO. FORM NO. 10148 Held Mav 4T 99$ 19 Mr. Adamek noted in regard to the maintenance responsibilities that he would not advocate having the homeowners associations accountable for maintenance of storm water facilities. Mr. Smith responded that they will review this document prior to the next reading. Mr. McCash suggested that the effective date of the ordinance be immediately upon passage to ensure it is in effect for this construction season. Anyone filing an application after this date will then be under the new guidelines, and not under the existing MORPC guidelines. It was the consensus of Council to treat this as emergency legislation at the next reading as well as the legislation adopting the storm water master plan. There will be a second reading and public hearing on May 18. Ordinance No. 41-98 - An Ordinance to Accept the Stormwater Master Plan Study. Mr. Adamek introduced the ordinance. Mr.Helwig stated this is companion legislation and provides the basis for an action plan as Council reviews the Capital Improvements Program in July. It provides for an ongoing maintenance program at an enhanced level. Staffrecommends passage. There will be a second reading and public hearing on May 18. INTRODUCTION & PUBLIC HEARING - RESOL TIONS Resolution No. 35-98 - a Resolution of Intent to Appropriate a Fifty (50) Foot Wide Access Easement across Property Owned by State Savings Bank, Located on the South Side of Village Parkway, and West of Dublin Center Drive, in the City of Dublin, County of Franklin, State of Ohio. Mayor Kranstuber moved to table introduction of the resolution until May 18 as recommended by the Law Director. Mr. Reiner seconded the motion. Vote on the motion - Mr. Peterson, yes; Mr. Adamek, yes; Mr. McCash, yes; Mr. Reiner, yes; Mrs. Boring, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes. THER Hotel/Motel Tax Grants Mr. Adamek, Finance Committee Chair stated they are bringing forward three recommendations tonight. Dublin Kiwanis Frog Jump Mr. Adamek moved to pay the actual cost of City services for the event, not to exceed $3,000. Mr. Peterson seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, yes. Dublin Charity Cup Mr. Adamek stated the recommendation is to approve $5,100 or the actual cost of the three soccer goals not t~~ exceed $5,100. Chris Cline, Dublin Soccer League stated that the event generates $20,000 which is then donated to charity. This event also brings in many visitors to Dublin hotels. Mr. Adamek explained that the request was to buy the concession stand equipment, and the committee felt it wad in the City's best interest not to indirectly fund the charitable donation made by the group. The Committee decided instead to fund three goals for the league and not to dedicate bed tax dollars to fund improvements to the concession stands. Mr. Cline stated that the profits from the concession stands go directly to the high school sports programs. Mr. Adamek moved for,passage of the Finance Committee's recommendation. Mrs. Boring seconded the motion. Vote on the motion - Mr. Adamek, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Peterson, yes; Ms. Boring, yes; Ms. Hide Pittaluga, yes. Shamrock Hockey Tournament RECORD OF PROCEEDINGS Minutes of Meeting 4YT N AL BLANK CO.. CORM NO. 10148 Held May 4, 1998 19 Mr. Adamek stated the request is for funding of an event that took place on St. Patrick's Day weekend hosted by the Columbus Area Hockey Association (CAHA). They are seeking funds to help pay for the ice time at the rinks. The Finance Committee is recommending that they bring forth their application in the fall prior to the event and that $4,000 be granted to thy; organization as seed money for next year's Tournament. Ray Finnegan, President of CAHA thanked Council for this consideration which will assist greatly in their planning for next year. Brief discussion followed about the possibility of the City assisting the organization in obtaining reduced ice tune costs. Mr. Adamek confirmed that the City does not have the ability to negotiate reduced ice time rates for organizations outside of the City. Mr. Adamek moved to accept the recommendation. Mr. Reiner seconded the motion. Vote on the motion - Mr. Adamek, yes;lVlr. McCash, yes; IVIr. Peterson, yes; Mayor Kranstuber, yes; Mr. Reiner, yes; Ms. Hide Pittaluga, yes, Mrs. Boring, yes. Final Plat -Wyndham Village Section 6, Phase 2 Ms. Clarke stated final flat is consistent with the preliminary plat and includes 27 new lots within that overall subdivision. The Planning Commission approved it on March 5, 1998 by a vote of 5-0 with 6 ~;onditions: 1) That all park land be dedicated to the City by general warranty deed with recording of the final plat, (all recording fees are to be paid by the developer), and that the area which has been disturbed by construction be fine graded and seeded; 2) That Reserve "A" be maintained by the Dublin City Schools or the City of Dublin, and so indicated on Note "I"• 3) That a concrete bikepath be installed along Royal Plume Drive (Lots 296 and 322), and that a note be added to reflect same; 4) That the planting plan for the Violet Veil Court landscape island be approved by staff; 5) That a stormwater construction easement be provided to the satisfaction of staff; and 6) That all conditions are met before this plat is scheduled for review by City Council. Mayor Kranstuber moved approval of the final plat with the conditions of Planning & Zoning Commission. Mr. Adamek seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mr. Adamek, yes. Final Plat -Belle View Ms. Clarke stated that Belle View is a 3 lot subdivision located on South High Street. The final plat is consistent v~ith the preliminary plat, and the Planning Commission recommended approval on March 5, 1998 by a vote of 6-0 with four conditions: 1) That existing tees and stone walls be protected with fencing (placed at least 15 feet from the trunks or the walls) prior to and during all phases of construction with field verification by staff; 2) That the park fee of $2,671 be paid prior to recording of the final plat or issuance of building permits; 3) That construction drawings meet the requirements of the City staff; and 4) That properties using the existing leach field be connected to public sewer (when it is available), and the necessary permits be obtained from the Franklin County Board of Health for the leach field abandonment, with copies provided to staff prior to issuance of building permits. Mayor Kranstuber moved approval of the final plat of Belle View with the conditions of Planning & Zoning Commission. Mr. McCash seconded the motion. Vote on the motion - Mr. Peterson, yes;lVlr. Reiner, yes; Mr. Adamek, yes;lVlr. McCash, yes; Mayor Kranstuber,~'yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes. RECORD OF PROCEEDINGS Minutes of Meeting OAYr N E AL BLANK CO-. 'ORM NO. 10148 I Held 1VIay 4, 1998 ig Final Plat - Hawk'c Nest Section 2, Phase 1 Ms. Clarke stated that Hawk's Nest consists of 45 new lots near Avery Road south of Brand. This is a plat that was reviewed by Planning Commission on March 5, 1998. They recommended approval by a vote 6-0 with 8 conditions. The final plat is consistent with the preliminary plat. The conditions are: 1) That evidence of deed restrictions regarding a "forced" homeowners association be provided prior to recording of the plat, subject to staff approval; 2) That the street entrance at Avery Road be provided with a left turn lane and street lighting designed according to the requirements of the City Engineer; 3) That a revised landscape plan, including a street tree plan, be submitted within 14 days and be subject to staff approval; 4) That all tree preservation areas be established subject to staff approval and shown on engineering improvement drawings and then later shown on building permit drawings; 5) That bikepaths be installed with the construction of the streets; 6) That all tree rows and wooded areas be fenced during all phases of construction; 7) That all conditions be met prior to scheduling this case for City Council review; and 8) That the alignment of the property lines between Lots 116 and 117; 129 and 128; and 134 and 135, be reviewed to determine its feasibility prior to being scheduled for Council. Ms. Clarke answered in response to Mr. McCash that the applicant has complied with condition 1. Mr. Adamek asked if fencing standards were addressed. Ms. Clarke responded that she is not certain, but believes that there are none since those restrictions are not on the plat. Mr. Reiner stated that he has concerns about the lack of setback requirements along Avery Road. Ms. Clarke responded that a no-build zone, 50 feet from right-of--way was platted. In this zone, no structures can be placed. Mr. Adamek stated that he would prefer that split rail fences with mesh are the specified fence allowed for the subdivision. Mayor Kranstuber asked about the status of his request to staffto investigate compliance with landscape standards along Muirfield Drive for all of the developments. Ms. Clarke stated that code enforcement and landscaping staff members are reviewing this area for compliance and she will report back to Council with the results. Mr. McCash stated that in regard to condition 8, discussion took place at the Planning Commission about the alignment of property lines to accommodate a bike path. If the property lines between lots 123 and 128 were shifted to the south, the bike path would be an acceptable distance from the houses. He wants to avoid having future homeowners come to Council to request that bike paths be moved or abandoned due to their proximity to the houses. He asked about the status of condition 8. Ms. Clarke responded that Mr. Kelley made the commitment that they would try to realign them. The planner who worked on this case contacted the engineering firm, however, and was told that they could not be shifted. The engineer is present tonight. Mr. McCash stated that the easement can remain the same -only the property line would shift. James Gabriel, Civil En ineering Associates stated they had investigated this, but the property lines cannot be shifted as utilities are already installed. Discussion followed. Mayor Kranstuber asked that the engineering firm work with staffto resolve this issue. He RECORD OF PROCEEDINGS Minutes of Meeting A AL BLANK CO.. CORM NO. 10148 Held May 4, 1998 19 suggested that the plat be tabled for two weeks. Mayor Kranstuber moved to table the final plat of Hawk's Nest Section 2, Phase 1 until May 18. Mr. Adamek seconded the motion. Vote on the motion - Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Peterson, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. Council Round Table%Committee Re orts Mr. Adamek thanked Ntr. McDaniel and special legal counsel for their work on resolving the extended area calling service for the 873 exchanges west of Avery Road. This is a major stride for the City in making services available equally to all residents. Mr. Reiner: 1. Reported that the Community Development Committee met tonight and they are reviewing legislation related to required homeowners associations. It will be forwarded to legal counsel for further review prior to introduction at Council. 2. Thanked Fred Hahn and City staff for the great Arbor Day program. He enjoyed the opportunity to look at the beautiful new athletic fields at Darry Fields. 3. In regard to the Hawk's Nest plat, he is very disturbed about the 80 foot lots. In the 80's, a commitment was made by developers that this area would be developed in a similar manner to Muirfield. The aesthetics of the City have been compromised by the development in this part of the City. Mrs. Boring; 1. Would like some stafffeedback regarding Mr. Frimerman's letter about ARB's motion relating to signage in Old Dublin. Discussion followed about the status of the Old Dublin sign code changes. Mayor Kranstuber moved to refer the matter to the law director to draft an ordinance consistent with ARB's request. Mrs. Boring seconded the motion. Vote on the motion - Mr. Peterson, yes; Mrs. Boring, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Reiner, yes; Mayor Kranstuber, yes; Mr. Adamek, yes. 2. Requested that Mr. Kindra work with the City of Columbus to have the signals at Summitview and Sawmill placed on flashers at night and non-peak times. 3. Noted that Denise Franz King has volunteered to serve as the City's representative to the Delaware. County Regional Planning Commission. Her application was forwarded to Council. Mrs. Boring moved to make this appointment, based upon her history of service to the City. Ms. Hide Pittaluga seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Adamek, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mrs. Boring, yes; Mr. Reiner, no; Mr. Peterson, yes. 4. Congratulated Assistant Clerk of Council Judy Perry who recently obtained her certification as a. Municipal Clerk. Mr. Peterson thanked staff for them y wick response regarding the installation of reflectors k- on Avery/Muirfield. Ms. Hide Pittaluga: 1. Noted that she represented City Council at the ground breaking ceremonies for the expansion of AirTouch Cellular. She complimented Ms. Bearden and the Economic Development division for their hard work on this project. 2. Noted that she is pleased to hear the news about SmartTalk Company which is relocating to Dublin. She encouraged staffto continue to try to attract this type of high-tech business in Dublin. 3. Reported that she heard comments at the ground breaking about the need for more restaurants in Dublin. She urged Council to make an effort to bring more fine RECORD OF PROCEEDINGS Minutes of Meeting DAYT E AL BLANK CO.. .'-ORM NO. 10148 Held May 4, 199£t 19 restaurants to Dublin. 4. Noted that she will be unable to attend the May 11 Administrative Committee meeting due to a family conunitment. fl 5. Thanked Mr. Husenitza for his work on internal operations for information technology systems in Dublin. She was very impressed with the technology report recently provided to Council. Mr. Reiner noted that he also attended the AirTouch Cellular ground breaking and heard comments about the great housing, excellent schools, and quality of life in Dublin. The CEO was also very impressed with the landscaping on Emerald Parkway on which their building fronts. Dublin has done a great job in keeping a competitive edge. Mr. McCash: 1. Noted in Council's packet that there was a decision from the City's Board of Building Appeals regarding a 3-month suspension for a contractor due to his lack of registration. He is concerned that this could impact the maintenance aspect of existing fire suppression sy;stems in the City, if they are served by this particular contractor. Mr. Lenz responded that this contractor was routinely not obtaining permits prior to doing work in the City. He added that this should not impact any of the projects this contractor is currently working on; it will only impact his work on new projects. 2. Reported that he has observed that the City's municipal parking lot in Old Dublin seems to be used to house service vehicles for a home cleaning company. Mr. Helwig responded that staffis implementing administratively aprohibition against x commercial vehicles parking in the City owned lots and that will be posted in a matter of days. Chief Geis is going to enforce that regulation, as well as clearing the lots from 2 a a.m. until 6 a.m. because commercial vehicles are also being stored there overnight. Mayor Kranstuber: 1. Asked if the Coffman Road construction projects will be cleaned up prior to the Tournament. Mr. Kindra responded that the weather has delayed completion which was to be at the end of June. The landscaping contract has not been awarded as of this date. 2. Emphasized that he is hopeful that staff can have the Dublin Road bikepath tunnel rebid as soon as~possible. 3. Noted that he has received a letter from Bates USA Company located at 94 N. High Street regarding the dangerous traffic situation when accessing North High Street from their main entrance. They are requesting that three parking places be eliminated on High Street to improve visibility. Mr. Kindra stated that staffwill investigate this situation. Mr. Helwig asked for a copy of this letter. 4. Noted that he, Mrs. Boring and Ms. Hide Pittaluga attended the Solheim Cup luncheon today in downtown Columbus. Over 400 people were in attendance, including some U.S. team players, Sweden team members and the CBS commentator. The excitement is already building for this Tournament which will be held at Muirfield in September. The City and the Kroger Company are sponsors of the event. 5. Noted that there is a confidential memo in the packet related to legal matters and if all Council members are in agreement with the memo, there is no need for an executive session tonight. Mr. Smith stated that he has prepared a draft ordinance regarding a 90-day moratorium on future big box retail and this was included in the packet. Due to the possibility of imminent litigation, he is prepared to discuss this matter in executive session if Council desires to do so. Mrs. Boring noted that she is requesting an executive session for further discussion on this matter. Mrs. Boring moved to adjourn to executive session for discussion of legal matters. Ms. Hide Pittaluga seconded the motion. RECORD OF PROCEEDINGS Minutes of Meeting DAYT N AL BLANK CO.. FORM NO. 10148 Held May 4, 1998 19 Vote on the motion - Mr. Adamek, yes; Mrs. Boring, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Reiner, yes; Mr. Peterson, yes; Ms. Hide Pittaluga, yes. Mayor Kranstuber announced that the meeting will not be reconvened following the executive session. The me as adjourned to executive session at 10:45 p.m. ayor -Presiding Officer Clerk of Council S:\DATA\COUNCIL\MII~TT98\Mn~T98.M04